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AGREEMENT FOR RIGHT OF ENTRY <br /> THIS AGREEMENT,effective the_ day of , 1997, is entered by and between <br /> SHELL OIL COMPANY, a Delaware corporation duly authorized to do business in the State <br /> of California ("Shell"), and David and Pamala Warman (hereinafter referred to as <br /> "Owner"). <br /> WHEREAS: <br /> A. Owner owns certain real property located 2468 Country Club Boulevard, <br /> Stockton, California, described in Exhibit "A" attached hereto and by reference made <br /> part hereof(hereinafter referred to as "the Property"); <br /> B. There may be present on or under the Property certain petroleum hydrocarbon <br /> substances generally used and sold at service stations such as gasoline and lubricating oils <br /> ("petroleum hydrocarbon impact"). Accordingly, Shell may desire to investigate such <br /> petroleum hydrocarbon impaction by conducting site assessments on the Property. If the <br /> impaction is determined to have been caused by Shell or its dealers who conducted <br /> automobile service station operations on the Property, Shell desires to cleanup the petroleum <br /> hydrocarbon impaction to levels satisfactory to applicable governmental agencies by <br /> conducting certain activities, which may include, without limitation, removal, remediation, <br /> mitigation, recovery, and treatment activities, drilling, installation, maintenance and removal <br /> of investigation, collection, and monitoring wells; collection and testing of soil and <br /> groundwater samples; and installation, operation, maintenance and removal of any wells, <br /> equipment or structures,used for remediation, installed by Shell on the Property (collectively <br /> "Activities"); <br /> C. The conduct of any Activities by Shell or, without limitation,employees of Shell and <br /> Shell's agents, representatives, consultants, and contractors, and their respective employees, <br /> agents, representatives, subconsultants and subcontractors of any tier, and employees, <br /> agents and representatives thereof(collectively "Shell"), is not and shall not be deemed to be <br /> an admission that any petroleum hydrocarbon impaction was caused directly or indirectly by <br /> Shell. Shell in no way admits or acknowledges liability for the presence of any petroleum <br /> hydrocarbon impaction, nor does Owner waive any of Owner's legal rights; <br /> D. The performance of the Activities by Shell will be at no cost or expense to Owner. <br /> Any Activities conducted by Shell will be at Shell's sole expense; <br /> E. Owner's grant of permission to Shell to enter the Property is needed before any <br /> Activities can be conducted; and <br /> F. It is the desire and intention of Shell and Owner to make this mutual agreement with <br /> respect to such Activities. <br /> NOW, THEREFORE, for and in consideration of the foregoing and the agreements herein <br /> stated, Shell and Owner hereby agree as follows: <br /> 1 . Owner grants to Shell a license to enter upon the Property for the purposes necessary <br /> for the performance of the Activities described herein, and the right to perform all acts <br />