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. i <br /> Figbt of Entry Agreement <br /> This right of entry agreement ("Agreement") with an effective date of May 1.5, 2004, is <br /> entered into by and between Marvin L. Oates, co-Trustee of the Marvin L. Oates Tnist, <br /> and O.K. and B., a California general. partnership, (collectively -owners") having an <br /> address at 8615 Elder Creek Road, Sacramento, CA 9582.8 (collectively "Owners"). and <br /> BP Amoco Chemical Company., a Delaware Corporation, having a place of business at <br /> 6 Centerpoint Drive, LaPalma,CA 90623 ("BP"). <br /> Recitals <br /> I. Owners are the owners of that certain real, property located in the County of San <br /> Joaquin, State of California, commonly known as Assessor's Parcel Number 1.77-020-27- <br /> 004(ihe "Property") <br /> 2. BP has requested permissi.on. from Owners to enter the Property for die limited <br /> purpose of installing and periodically inspecting a monitoring well as more particularly <br /> described in the scope of work described in Exhibit 1 attached.hereto(the"Work"). <br /> 3. Owners are willing to grant such right of entry on the terms and conditions set forth. in <br /> this Agreement. <br /> Agreement <br /> 1. Owners hereby grant to BP and. BP's employees, agents, consultants anal <br /> contractors (the "BP Parties") a limited right of entry on the Property for the purpose of <br /> performing the ►%dork. This right of entry shall commence as of the effective date of this <br /> Agreement and continue until the date that BP completes th.e Work a.n.d restores the <br /> Property to its original condition, unless sooner terminated in accordance with the terms <br /> of t.hl.s Agreement Owners may terminate the right of entry granted herein in the event of <br /> a material breach of this Agreement by BP or any of. the BP Parties, which breach is not <br /> cured within fifteen (15) calendar days after. BP receives written notice from. Owners <br /> specifying the breach. In the event of a.termination, BP shall. promptly restore the <br /> Property to substantially the same condition which existed prior to the Work, at BP's sole <br /> cost and expense. <br /> 2. Owners shall have the right to approve the location of the monitonng well. installed <br /> on. the Property in their reasonable discretion. In the event that Owners subsequently <br /> determine, in their reasonable discretion, that the location of the monitoring well <br /> unreasonably interferes with Owners' planned development of the Property, then. Owners <br /> shall have the ri,gh.t, on thirty (30) calendar days written notice, to require BP to relocate <br /> the well to another location on the Property which does not unreasonably interfere with <br /> Owners' planned development: of the Property or to take other reasonable actions to <br /> G:viSnGRESSOMAGREEMENTSTIGNT OF ENTRY-Buz <br />