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• • <br /> AGREEMENT FOR RIGHT OF ENTRY <br /> THIS AGREEMENT is made and entered into by and between The Bokides Family Limited <br /> Partnership of Flag City Chevron (hereinafter "Licensor"), and New West Stations Inc. <br /> (hereinafter "Licensee"). <br /> Licensor hereby grants to Licensee, its agent, employees, and assigns the right to enter upon the <br /> property (hereinafter "Property"), solely for the purpose of advancing and maintaining one <br /> extraction well below ground surface and associatede piping and connections and sampling <br /> groundwater in the area located at 6421 Capital Avenue, Lodi, California 95242. All of <br /> Licensee's activities are limited to that which is required to sample existing groundwater <br /> monitoring wells and to advance one extraction well as noted above to below ground surface. <br /> This right of entry shall be subject to the following terms and conditions: <br /> 1. This Licensee is effective upon the execution thereof by all the parties hereto and delivery of <br /> a fully executed copy to the Licensor. The term of this License shall be ten (10) years from <br /> the date of this License agreement and shall automatically terminate ten (10) years from said <br /> date. <br /> 2. The Licensee agrees to repair or cause to be repaired any damage to Property resulting from <br /> entry onto the property by Licensee, its agents, employees or assigns, by restoring the <br /> property to its condition immediately following the entry. <br /> 3. Licensee agrees to defend, indemnify and hold harmless Licensor against any and all claims, <br /> actions, causes or action, counter-claims and cross complaints, damages, liability, costs and <br /> expenses, including but not limited to attorney's fees, for property damage or liability in <br /> connection with entry onto said property. <br /> 4. Licensee agrees that if Licensor is made a party to any litigation or other action or proceeding <br /> concerning this agreement, or Property or any other area on or about Property that Licensee is <br /> using, by reason of any act or omission by Licensee, then Licensee shall further defend and <br /> hold harmless the Licensor and indemnify the Licensor from, all liability by reason thereof, <br /> including reasonable attorney's fees incurred by Licensor, in such litigation and all taxable <br /> court costs. If either party refers this agreement to an attorney for breach or default under this <br /> agreement, or if an action is instituted on this agreement, or if any other judicial or non- <br /> judicial action is instituted and an attorney is employed to appear in any such proceeding, the <br /> prevailing party shall be entitled to recover from the party not prevailing its reasonable <br /> attorney's fees plus all costs and expenses incurred incident to such employment. <br /> 5. Licensee will further provide Licensor with a policy of public liability and property damage <br /> insurance naming Licensor as an additional insured. The limits of said insurance shall be not <br /> less than $1,000,000 for public liability and not less than $300,000.00 for property damage <br /> with an insurer qualified to do business in the State of California. <br />