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BP WEST COAST PRODliS LLC y t <br /> Op <br /> ACCESS AGREEMENT BETWEEN <br /> Vitm Ranch AND BP West Coast Products LLC <br /> THIS ACCESS AGREEMENT is made as of Febmary 12, 2003 (this "Agreement"),by and between the <br /> Vi^ra Ranch, hereinafter collectively refeued to as "Grantor", and BP West Coast Products LLC, a <br /> Delaware Limited Liability Company,'ne.einarer ref-red to as "Grantee". <br /> 1. RECITALS <br /> 1.1 Grantor owns -t—min real proper y located at 26105 South Patterson Pass Road, Tracy, <br /> California(the'Property"). <br /> 1.2 Grantee desires to drill on a portion of the Property boreholes) (the "Boreholes") and <br /> roundwater monitoring well(s) (the" Wells") sod to perfoTn zssessment and ower related work on he <br /> Property as required by or in accordance w+th applicable envizoriaental laws and regulations,or as required <br /> by or acceptable to those regLl ata y agencies exercising appropriate jurisdiction (collectively,the'Work"). <br /> 1.3 The parries desire to enter into this Agreement to allow Grantee to install said Boreholes <br /> and Wells on the Property and to provide access to the Proper to Grantee or is ,rpresertatves for the <br /> p=?ose of performing he work authorized by this Agreement. <br /> 2. AGREEMENT <br /> In consideration of the above and the rn.itual covenants and agreements hei-�:n,the parties a,ee as follows: <br /> 2.1 Grantor hereby grants Grantee or is representa ryes permission to enter onto the?ropery <br /> for the p==ose of performing the Word: authorized by this Agreement Grantor authorizes Grantee or its <br /> representatives to release any and all analytical geotechnical data and site assessment information obtained <br /> during the perforsznce of the Work to appropriate government agencies. Copies of final assessment and <br /> remedation reports pertinent to the Property and provided to such agencies shall also be provided to <br /> Grantor. <br /> 2.2 Grantee shall not permit any liens to stand against the Proper, for the Work done or <br /> materials flu-nished to Grantee, and Grantee shall indemnify, defend and save Grantor harmless $om any <br /> such tiers for the Work perfoned under this Agreement. <br /> 2.3. Lf the urate of the Property or any improvements thereon shall be disturbed by the <br /> Work, then,upon complietion of Work, the surfade or improvements shall be promptly restored by Grantee <br /> to its condition just prior to such dst_rbance. <br /> 2.4 Grantee shall, after file 3c---Soles or Wells are no longer useful to he investigation, <br /> bzckfill'or close out such Boreholes or Wells according to applicable standards. <br /> 2.d Granteeshzll ruder 11 y, defend, and sage Grantor ha-less from all liability, damage, <br /> ewpen Se, causes of action; Sui.s, °12.iM3 07 JIIA MTS, inclbding ren SOnabplTSng le ar oTntfS fee">� ieSu'O n - <br />