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DocuSign Envelope ID:8F38E285-6735-49DA-9948-802872B2FF5B <br /> Old Valley Pipeline Right of Way <br /> Tracy,CA <br /> "Work" means all the activities necessary to conduct environmental work and any <br /> necessary restoration under Section 2.4 (Restoration). The Work may include: (A) <br /> went and monitoring work- (B)installation,maintenance,kVcc ion,replacement, <br /> periodic sampling,use,and abandonment ofborings and wells,and the use ofthow borings <br /> and wells for the inkoductiain of compounds to facilitate bionanediationa and(C) other <br /> work that EMC or any Agency deem necessary. <br /> 1.2 Interpretation and Exhibits. <br /> (A) Reference to the singular includes a refixence to the plural and vice-versa, <br /> reference to any gender inhales all aiher genders,and the words"mcludes7 and <br /> "including" are illustrative, not limiting. The word "or" is not exclusive. The <br /> headings in this Agreement are included for convenience and do not affect the <br /> construction or inbspretation of any provision of this Agreement. <br /> (B) References to matters mg7 (or which "-arise" or "arises') "out of this <br /> Agreement" include matters which occur in connection with this Agreement, <br /> which flow from this Agreement,or which would not have arisen or occurred but <br /> for the entering into this Aft,or the performance of or failure to perform <br /> obligations under this Agreement <br /> (C) If a conflict exists between the body of this Agreement and the exhibits,the body <br /> prevails to the extent of the conflict_ <br /> (D) The following eaxlulits are attached and made a part of this Agreement <br /> (1) Exhibit A—Tax Map. <br /> 2. SCOPE AND PURPOSE <br /> 2.1 Rights Grauted and Purpose.Grantor grants to any member of EMC Group and any of <br /> its representatives a license over, under, and across the Property for the purpose of <br /> performing the Work. <br /> 22 Granter's Cooperattioa.Grantor shall cooperate with EMC Group and its z epirmcntativcs <br /> to effect the terms of this Agreement,including,if neccssary,the execution of additional <br /> documents to obtain government agency permits or approvals to install, abandon, or <br /> remove EMC's equipment <br /> 23 Perforiname of the WorL <br /> (A) EMC shall conduct and perform the Work in a prompt, safe, efficient, and <br /> workmanlike manner,and in compliance with all applicable federal,state,or local <br /> laws,regulations,or ordinances. <br /> (B) EMC shall give Grantor advance notice before the first entry to the Property to <br /> conduct the Work, specifying the date and approximate time when Work at the <br /> Property will commence. <br /> (C) EMC shall perform all Work conducted under this Agreement at its sole cash and <br /> expense.EMC shall not reimburse any cosh to Grantor. <br /> Old Vattey Pipes Right Of Way,'T'rary.CA <br /> FCC ES Law Site Access Agreement Outdoor U.S.(Rev7 July 2018) 2 <br />