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LICENSE AGREEMENT <br /> THIS AGREEMENT is made and entered into by and between Beneto, Inc. (hereinafter <br /> 'Beneto "), and Morita Brothers (hereinafter "Morita") , This License is effective upon the <br /> execution thereof by all the parties hereto and delivery of a fully executed copy to Morita at <br /> The term of this License shall be from the date of this <br /> License agreement until termination requested by the applicable governmental agency. <br /> 1 . RECITALS : This Agreement is made with reference to the following facts and <br /> circumstances : <br /> A. The Beneto property is located at 749 East Charter Way Stockton, <br /> California, which is adjacent to the Morita property located at 814 East <br /> Charter Way, Stockton, California. <br /> B . Both Beneto and Morita are responsible parties for groundwater and soil <br /> contaimination which occurred on their respective properties. <br /> C. The Morita property is in the process of closure of environmental <br /> activities. <br /> D. It has been recommended by the San Joaquin County Environmental <br /> Health Division that Beneto take over ownership of certain monitoring <br /> wells located on the Morita Property. <br /> 2, TRANSFER OF OWNERSHIP OF WELLS : Beneto herby assumes, and Morita <br /> hereby transfers ownership of monitoring wells on Morita property designated as <br /> MW- 11 and MW-208 as designated on the attached site map (Figure 3) . These <br /> monitoring wells are collectively referred to herein as the "Wells". <br /> A. Condition of Wells : Morita shall guarantee that the Wells are in good <br /> condition and repair, so as to provide unencumbered accesss and <br /> protection to groundwater. The parties agree that as a condition of the <br /> assumption of ownership of the Wells by Beneto the Wells shall be <br /> inspected by Apex Envirotech, Inc . , and any repairs recommended by <br /> Apex Envirotech shall be repaired at the expense of Morita. The Wells <br /> shall thereupon be reinspected by Apex Envirotech, Inc. Once the <br /> condition of the Wells has been approved by Apex Envirotech, Inc ., <br /> Morita shall have no further responsibility therefore, except in the case of <br /> actual damage to the Wells caused by Morita. <br /> 3 , LICENSE: Beneto, it' s agents, employees, consultants, and appropriate <br /> governmental officials, shall have a license to enter onto the property of Morita at <br /> all reasonable times during business hours for the purpose of maintaining, <br /> Apex Project # BEN58 . 005 <br />