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SOIL BORING ACCESS AGREEMENT
<br /> BAKER PROPERTY
<br /> 3200 North West Lane, Stockton, California
<br /> Advanced GeoEnvironmental, Inc. (AGE)is hereby granted permission, solely as
<br /> to the single time and date to be mutually agreed upon,to advance and drill soil borings in
<br /> that location of the real property identified as 3200 North West Lane, Stockton, California
<br /> ("BAKER PROPERTY"), which is specifically shown on the attached Site Plan. This soil
<br /> boring will be carried out for the sole purpose of conducting an assessment of soil and
<br /> ground water as the result of contamination from former underground storage tanks(USTs)
<br /> previously located on the adjacent property located at 3230 North West Lane in Stockton,
<br /> California("PACIFIC PRIDE CARDLOCK"). All investigation will be performed under a
<br /> directive/approval by the San Joaquin County Environmental Health Department and Central
<br /> Valley Regional Water Quality Control Board.
<br /> All costs for performance of the subsurface investigation will be the sole
<br /> responsibility of VAN DE POL ENTERPRISES INC. (Mr. David Atwater). VAN DE POL
<br /> ENTERPRISES INC.will be solely responsible for all liability, costs and expenses for
<br /> investigation and remediation of impacted soil and ground water associated with the above
<br /> referenced soil borings and/or contamination.All work at the site will be performed by AGE
<br /> or subcontractor's on behalf of VAN DE POL ENTERPRISES INC. and shall be
<br /> completed on the same day such work is initiated.
<br /> In the event any contamination is found on the BAKER PROPERTY, VAN DE
<br /> POL ENTERPRISES, INC. shall indemnify,protect and defend LEE R. BAKER and
<br /> SANDRA Y.BAKER, individually and as Trustees of the BAKER REVOCABLE
<br /> TRUST,u.i.d October 8, 1992 (collectively "Baker"), with counsel reasonably acceptable
<br /> to Baker, and hold harmless Baker and Baker's heirs, successors and assigns for, from
<br /> and against any and all claims, damages, costs, liabilities and losses (including
<br /> mechanics' liens) and expenses (including, without limitation, attorneys' fees)
<br /> (collectively, "Claims") arising out of AGE's investigation or that of its agents,
<br /> representatives, consultants or contractors and the results of that investigation, including,
<br /> but not limited to, the costs of remediation of any contamination found thereon. The
<br /> indemnity obligations contained herein shall survive the completion of the investigations
<br /> and assessments described above.
<br /> Before AGE and/or its agents,representatives, employees or contractors enter the
<br /> BAKER PROPERTY, AGE and VAN DE POL ENTERPRISES, INC. shall have
<br /> procured, and shall maintain, at their own cost and expense, a bodily injury and property
<br /> damage(liability) insurance policy, covering the activities of AGE on the BAKER
<br /> PROPERTY, including the cost of any anticipated remediation, with a combined single
<br /> limit of not less than$2,000,000.00 per accident or occurrence, issued by a company
<br /> approved by Baker,which approval shall not be unreasonably withheld. Before AGE
<br /> enters the BAKER PROPERTY, AGE shall provide an appropriate Certificate of
<br /> Insurance to Baker, which shall name Baker as an additional insured and shall provide
<br /> that such insurance shall not be canceled or Baker eliminated as an additional insured
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