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ROE 990702 • <br /> Fomr ApprovO,AVP-law <br /> AUDIT <br /> Folder No.02399-15 <br /> RIGHT OF ENTRY AGREEMENT <br /> THIS AGREEMENT is made and entered into as of June 22, 2006, by and between <br /> UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Railroad"), and <br /> CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY, a California corporation, to be <br /> addressed at 6001 Bollinger Canyon Rd, Rm2006, San Ramon, CA 94583(hereinafter the"Licensee"). <br /> IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: <br /> Article I. DEFINITION OF LICENSEE. <br /> For purposes of this Agreement, all references in this Agreement to the Licensee shall <br /> include the Licensee's contractors,subcontractors, officers,agents and employees,and others acting under <br /> its or their authority. <br /> Article IL RIGHT GRANTED; PURPOSE. <br /> The Railroad hereby grants to the Licensee the right, during the term hereinafter stated <br /> and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter <br /> upon and have ingress to and egress from the portion of Railroad's property in the vicinity of Mile Post <br /> 85.15, West Side Line Subdivision, at or near Tracy, California, for the purpose of boring three soil <br /> samples. The right herein granted to Licensee is limited to those portions of the Railroad's property <br /> specifically described herein in the location shown on the print marked Exhibit A, attached hereto and <br /> hereby made a part hereof,or designated by the Railroad Representative named in Article 1V. <br /> Article III. TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND B-1. <br /> The terms and conditions contained in Exhibits B and B-1,hereto attached, are hereby <br /> made a part of this Agreement. <br /> Article IV. ALL EXPENSES TO BE BORNE BY LICENSEE• <br /> RAILROAD REPRESENTATIVE. <br /> The Licensee shall bear any and all costs and expenses associated with any work <br /> performed by the Licensee, or any costs or expenses incurred by the Railroad relating to this Agreement. <br /> All work performed by Licensee on Railroad's property shall be performed in a manner satisfactory to the <br /> representative local Manager of Track Maintenance of the Railroad or his authorized representative <br /> (hereinafter the Railroad Representative): <br /> Mr.Robert D.Jones <br /> General Manger <br /> California Northern Railroad Co. <br /> 129 Klamath Court <br /> American Canyon,CA 94503 <br /> Phone-707-557-2868,Fax-707-557-2941 <br /> Cell-916-919-6771 <br /> Folder No.02399.15 <br />