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LICENSE AGREEMENT BETWEEN <br /> Fremont Plaza Investments, L.P. and Beasley and Associates, L.P . <br /> THIS LICENSE AGREEMENT is made as of September 12, 2003 between Fremont <br /> Plaza Investments, hereinafter referred to as "Licenser," and Beasley and Associates, <br /> L.P., hereinafter referred to as "Licensee. " <br /> 1 . RECITALS <br /> 1 . 1 Licenser owns certain real property as San Joaquin County Assessors Parcel No. <br /> - 153-130-03, located at 2050 East Fremont Street, Stockton, California (the <br /> "Property"). <br /> L2 Licensee desires to drill on a portion of the Property four (4) soil borings <br /> ('Boreholes"), and convert the boreholes to groundwater monitoring wells (Wells), <br /> and to perform other work on the Property as required by, or in accordance with, <br /> applicable environmental laws and regulations, or as required by, or acceptable to, <br /> regulatory agencies ("Work") . <br /> 1 .3 The parties desire to enter into this License Agreement to allow Licensee to install <br /> said boreholes and groundwater monitoring wells on the Property, and to give <br /> access to the Property to Licensee or its representatives for the purpose of <br /> performing Work authorized by this License Agreement. <br /> 2, AGREEMENT <br /> NOW, THEREFORE, in consideration of the mutual covenants and agreements <br /> herein contained, the parties hereto do hereby covenant and agree to and with each <br /> other as follows: <br /> 3 . TERMS <br /> 3 . 1 Licensee or its representatives may drill, use, backfill, and construct, at its sole cost <br /> and expense, the Boreholes on the Property. Licensee or its representatives may <br /> enter onto the Property for the purpose of performing the Work authorized by this <br /> License Agreement. Licenser hereby authorizes Licensee or its representatives to <br /> release any and all analytical geotechnical data and site assessment information <br /> obtained during such Work to applicable environmental agencies. <br /> 3 .2 Licensee agrees not to permit any liens to stand against the Property for Work done <br /> or materials furnished to Licensee, and Licensee agrees to indemnify and hold <br /> Licenser harmless from any such liens for Work performed under this License <br /> Agreement. <br /> P:\Apache Plasdcs\Coaespondence\Freemont-Plaza-access.doc <br />