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' MAR-05-2001 11:75 C MBRIR INC. 1707 935 66459 P.05i07 IR;@��5Ty@ F L c ? � 1997 JUN 1991 _----------- -- -- i9F��1�f.Rf111iSh]UAWttfIM� ., AGREEMENT FOR RIGHT OF ENTRY THIS AGREEMENT, effective the _L?= day o elk 1997, is entered by and between SHELL OIL COMPANY, a Delaware corporation my authorized to do business in the State of California ("Shell"), and Donald and Vicky Iten (hereinafter referred to as "Owner"). WHEREAS: A. Owner owns certain real property located 702 Porter Avenue, Stockton, California, described in Exhibit "A" attached hereto and by reference made part hereof (hereinafter referred to as"the Property'), B. There may be present on or under the Property certain petroleum hydrocarbon substances generally used and sold at service stations such as gasoline and lubricating oils ("petroleum hydrocarbon impact"). Accordingly, Shell may desire to investigate such petroleum hydrocarbon impaction by conducting site assessments on the Property. If the impaction is determined to have been caused by Shell or its dealers who conducted automobile service station operations on the Property, Shell desires to cleanup the petroleum hydrocarbon impaction to levels satisfactory to applicable governmental agencies by conducting certain activities, which may include, without limitation, removal, remediation, mitigation, recovery, and treatment activities, drilling, installation, maintenance and removal of investigation, collection, and monitoring wells; collection and testing of soil and groundwater samples; and installation, operation, maintenance and removal of any wells, equipment or structures, used for remediation, installed by Shell on the Property (collectively "Activities"); C. The conduct of any Activities by Shell or, without limitation, employees of Shell and Shell's agents, representatives, consultants, and contractors, and their respective employees, agents, representatives, subconsultants and subcontractors of any tier, and employees, agents and representatives thereof(collectively "Shell"), is not and shall not be deemed to be an admission that any petroleum hydrocarbon impaction was caused directly or indirectly by Shell. Shell in no way admits or acknowledges liability for the presence of any petroleum hydrocarbon impaction, nor does Owner waive any of Owner's legal rights; D. The performance of the Activities by Shell will be at no cost or expense to Owner. Any Activities conducted by Shell will be at Shell's sole expense; E. Owner's grant of permission to Shell to enter the Property is needed before any Activities can be conducted; and MetjWr �..... PF