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NUG. 11.1999 4:51PN J M EQUIPMENT CO INC N0.365 P.3i5 <br /> 1 ; <br /> LICENSE AGREEMENT <br /> I <br /> This License Agreement is made this 0� day of_ilqusf- 1999, by <br /> and between J. M. EQUIPMENT CO., INC., a California cor�oration, hereinafter <br /> referred to as"JM"; and INDEPENDENT TRUCKING, hereinafter referred to as <br /> "INDEPENDENT'. <br /> 1. RECITALS: This Agreement is made with reference to the following <br /> facts and circumstances: <br /> A. JM and INDEPENDENT are neighbors on West Charter Way, <br /> Stockton, California. <br /> B. Both parties' locations on Charter Way have experienced certain <br /> environmental problems and issues. <br /> C. INDEPENDENT is about to have its site dosed from further <br /> environmental monitoring by the appropriate authorities. <br /> D. It has been recommended by the San Joaquin County <br /> Environmental Health Division, that JM take over responsibility for certain <br /> monitoring wells located on INDEPENDENTS property. <br /> 2. TRANSFER OF RESPONSIBILITY FOR WELLS. JM hereby <br /> assumes, and INDEPENDENT hereby transfers responsibility for monitoring wells <br /> on INDEPENDENTS property designated as MWl, MW2, MW3, and MW8 on <br /> INDEPENDENT'S property as designated on the Site Map which is attached hereto <br /> as Exhibit "A." JM shall also continue responsibility for MW9 which is located on <br /> JM's property. These monitoring wells are collectively referred to herein as the <br /> "Wells." <br /> A. Cpndition of Wella. INDEPENDENT shall guarantee that the <br /> Wells are in good condition and repair, so as to provide unencumbered access and <br /> protection to ground water. The parties agree that as a condition of the assumption <br /> of responsibility for the Wells by JM, the Wells shall be inspected by Geological <br /> Technics, Inc. <br /> The Wells shall thereupon be reinspected <br /> by Geological Technics, Inc. Once the Wells have been certified by Geological <br /> Technics, Inc. as being in good condition and repair, INDEPENDENT shall have no <br /> further responsibility therefor, except in the case of actual damage to the Wells <br /> caused by INDEPENDENT. <br /> J E N S E N <br /> J E N 5 E N <br /> 1 ATTORNEYS <br /> 1514 H S,iRtaT MODESTO, CALIFORNIA 95354 TPLFpHONL 209-529.0791 <br />