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`0W - <br /> Site No. 1203 <br /> LICENSE AGREEMENT <br /> THIS AGREEMENT Is made on July 26, 2005, by and between MR. HARDEV and MRS. ARMJIT <br /> KHINDA (hereinafter 'Licensor ), and CONOCOPHILLIPS COMPANY (hereinafter "Licensee"): <br /> Licensor and Licensee shall sometimes hereinafter be referred to as the "Parties". <br /> RECITALS <br /> A. Licensor is the legal and rightful owner of a certain parcel, or parcels, of real <br /> property located at 16438 - 16460 Cambridge Drive, Lathrop, California and further identified as <br /> County Assessor' s Parcel Number 196-430-33 (the 'Property"), in the vicinity of CIRCLE K Store <br /> No. 01205 located at 16470 Cambridge, Lathrop. California. <br /> B. Licensee, in cooperation with San Joaquin County, now desires to enter the <br /> Property to drill up to fifteen (15) soil borings approximately at the location marked as "Proposed <br /> Ozone Sparge Wells° on Exhibit "A" attached hereto and made a part hereof: convert the borings to <br /> remediation and/or groundwater monitoring wells and associated remediation systems, the typical <br /> well detail of which is illustrated in Exhibit " B" attached hereto and made a part hereof: and <br /> conduct certain monitoring well samplings and testing activities on a quarterly basis. <br /> C. Licensor and Licensee desire to enter into this License Agreement so that the soil <br /> and/or groundwater can be assessed in relation to environmental laws and regulations: <br /> NOW THEREFORE, in consideration of the granting of the foregoing, the mutual premises, <br /> covenants, conditions and agreements I1ereinafter set forth, and other good and valuable con- <br /> sideration, the receipt and adequacy of which are acknowledged, the Parties agree as follows: <br /> 1. Grant of License - Licensor hereby grants to Licensee, and its employees, representative <br /> and contractors a non-exclusive license (hereinafter the "License") to enter upon the Property <br /> from time to time to conduct the activities described in Recitals Paragraph B and C above. This <br /> License shall commence on July 26, 2005, and shall end on July 26, 2010, unless the parties <br /> agree in writing to extend the term of the License. If Licensee is required by a government agency <br /> to maintain a well or other equipment on the Property beyond the term of this License, the License <br /> shall, on notice of such requirement to Licensor, be extended until 30 days after such requirement <br /> ceases, Prior to the expiration of the License, Licensee shall, at its sole cost and expense, (a) <br /> cause any excavations to be returned to the original gradient, (b) remove all equipment placed on <br /> the Property, (c) fill and level all ditches, ruts and depressions, if any, caused by the closure of <br /> the Licensee's excavation operations on the Property and (d) remove all debris resulting <br /> therefrom. <br /> 2. Compliance with Laws — Licensee shall conduct all operations which are the subject of this <br /> License in compliance with all federal, state, and municipal statutes and ordinances, and with all <br /> regulations, orders, and directives of appropriate governmental agencies, as such statutes, <br /> ordinances, regulations, orders and directives now exist or provide. <br /> 3. Permits - Licensee, at no cost or expense to Licensor, shall be responsible for obtaining <br /> any and all governmental permits and approvals which may be necessary for it to conduct any work <br /> or activities under this License Agreement. Licensor shall coordinate and cooperate with Licensee <br /> in Licensee's activities to obtain all necessary government permits and permissions, <br />