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MULLEN, SULLIVAN & NEWTON THOMAS J.NEWTON ATTORNEYS AT LAW OF COUNSEL CRAIG RASMUSSEN ROBERT H. MULLEN STEPHEN C.SNIDER $III WEST TOKAY STREET C.M. "BUD'SULLIVAN JAMES V. DEMERA III P. O. BOX 560 LOD], CALIFORNIA 95241-0560 (209) 334-5144 - FAX (z09) 333-1034 August .25, 1994 FOR SETTLEIVIENT PURPOSES ONLY. EVIDENCE CODE §1152 _.__._._,.Mr. Albert_M. Ellis s Rishwain, Aake4i & Ellis Attorneys at Law 2800 W. March Lane Suite 200 AUG 2 G 11994 Stockton, California 95219 Re: Giannoni v. Lehr, et al. ENVIRONMENTAL HEALTH PERMIT/SERVICES Dear Mr. Ellis: i With your permission, I recently spoke with John Giannoni with regards to our request for permission to locate a` small vapor extraction unit on the corner of the A&W property. At that time, Mr:,, Giannoni requested the fol- lowing, all of which I agreed to: 1.. Be named an additional insured under the consul- tant' s E&O and liability policy.. a 2 . Mrs . Lehr provide an indemnification and hold harmless to Mr. Giannoni for, any liability stemming from ' r the operation or maintenance' of the remediation unit. � 3 . Removal of the storage barrels (these were re- moved from 'the site on August 23, 1994) . 4 . Modify the well head located on the south bound- ary line, so a to make it flush with the parking lot. (This was completed on August 23, 1:994) . Additionally, Mr. Giannoni .iFndicated that he would with- hold permission for our conducting any sampling or remediation on his property without having resolved the entire underlying litigation'. He felt that he was enti- tled to some significant remuneration for his "lost prof- its, " as he was unable to refinance this property. As I am .sure you are aware, any damages such as he suggests are i