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snow, <br /> iV IV(II, <br /> SITE ACCESS AGREEMENT D O �P 2, <br /> THE NEWARK GROUP, INC. ("Property Owner") hereby grants DOPACO, INC. <br /> ("Permittee") and its contractors ("Permittee's Contractors") the limited right to enter the <br /> property located at 800 West Church Street, Stockton, California (the "Property") to perform <br /> environmental testing and investigations for the litigation titled The Newark Group, Inc. v. <br /> Dopaco, Inc., Case No. 08-CV-02623-GEB (E.D. Cal.), solely pursuant to the terms set forth <br /> herein. <br /> 1. The environmental investigations ("the Work") that may be performed by Permittee or <br /> Permittee's Contractors at the Property, and which are the subject of this Site Access <br /> Agreement, are set forth in Attachment A to this Agreement. <br /> 2. Permittee's entry upon the Property shall be limited to February 2, 2011 through and <br /> including February 4, 2011. <br /> 3. Permittee's Contractors shall place and maintain such markings as may be requested by <br /> Property Owner and necessary on or in the vicinity of any Work performed or equipment <br /> installed or placed on the Property by Permittee's Contractors so as to reasonably warn <br /> persons entering upon the Property of any physical hazards associated with the <br /> performance of Work at the Property or the presence of such equipment. <br /> 4. As a material condition of this Agreement, Permittee will provide Property Owner with <br /> any and all summaries, reports, and/or test results related to the Work (collectively the <br /> "Documents") within five business days of receipt of such Documents by Permittee, any <br /> expert witness it has retained in the litigation titled The Newark Group, Inc. v. Dopaco, <br /> Inc.,Case No. 08-CV-02623-GEB (E.D. Cal.), and/or its counsel in that litigation. <br /> 5. Permittee or Permittee's Contractors will promptly and properly characterize, manage <br /> and dispose of all wastes and other materials generated during the Work, if any, at the <br /> sole expense of Permittee or Permittee's Contractors. Property Owner agrees to sign any <br /> manifest related to such disposal as necessary to signify that such waste originated on the <br /> Property. <br /> 6. Permittee's Contractors, in exercising the rights granted hereunder, shall not interfere <br /> with the access of Property Owner, its counsel, its consultants, or its employees access or <br /> use of the Property. Property Owner or its designee shall have the right to observe all <br /> Work performed on the Property pursuant to this agreement, subject to reasonable <br /> limitations necessary to assure safety of the observing persons and Permittee's <br /> Contractors. <br /> 7. The rights and privileges granted by this instrument to Permitee and Permittee's <br /> Contractors shall cease upon completion of the Work or the ending date for access of <br /> February 4, 2011,whichever comes first. <br /> 8. The Work shall be performed in a safe, protective manner consistent with the best <br /> practices of a professional environmental engineering firm and all appurtenances shall be <br /> sf-2949921 <br />