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ROE 880702 • <br /> Form Approved,AVP-Law AUDIT A-"' � <br /> Folder No.02097-29 <br /> RIGHT OF ENTRY AGREEMENT \—p <br /> THIS AGREEMENT is made and entered into as of'ht , by and between <br /> UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Railroad"), and <br /> CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY, a Delaware corporation, to be <br /> addressed at 6001 Bollinger Canyon Rd, Rm K2072, Po Box 6012, San Ramon, California 94583; Attn: <br /> Robert Mihalovich;telephone:(925)842-1341 (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 <br /> under its or their authority. <br /> Article II. 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 /> 81.6, Tracy Subdivision, at or near Tracy, California, for the purpose of two soil boring and sample two <br /> existing monitoring wells. The right herein granted to Licensee is limited to those portions of the <br /> Railroad's property specifically described herein, or designated by the Railroad Representative named in <br /> Article IV. <br /> Article III. TERMS AND CONDITIONS CONTAINED IN EXHIBITS A AND A-1. <br /> The terms and conditions contained in Exhibits A and A-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.Michel Kerwood <br /> Union Pacific Railroad Company <br /> 33 Bridgehead Rd <br /> Martinez,CA 94553 <br /> (510) 891-7862, Cellular(916)799-4876 <br /> Folder No.02097-29 Page 1 <br />