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ROE 880702 246866 <br /> form Approved,AVP-law aA Oa 010q A U 1D 1 <br /> Folder No. 02324-65 <br /> RIGHT OF ENTRY AGREEMENT <br /> THIS AGREEMENT is made :and entered into as of May 11, 2007, by and between <br /> UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter the "Railroad"), and <br /> MOORE PETROLEUM, a California corporation, to be addressed at 5491 F Street, Banta, CA 95304 <br /> (hereinafter the "Licensee"). <br /> IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: <br /> Article I. DEFINITION OF LICENSEE. <br /> For purposes of this Agreement, all references in this Agreement to the Licensee shall <br /> include the Licensee's contractors, subcontractors, officers,agents and employees, and others acting under <br /> its or their authority. <br /> Article Il. RIGHT GRANTED; PURPOSE. <br /> The Railroad hereby grants to the Licensee the right, during the term hereinafter stated <br /> and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter <br /> upon and have ingress to and egress from the portion of Railroad's property in the vicinity of Mile Post <br /> 85.49, Tracy Subdivision, at or near Banta, California; for the purpose of drilling one groundwater <br /> monitoring well. The right herein granted to Licensee is limited to those portions of the Railroad's <br /> property specifically described herein,or designated by the Railroad Representative named in Article IV. <br /> Article III. TERMS AND CONDITIONS CONTAINED IN EXHIBITS A AND A-1 <br /> The terms and conditions contained in Exhibits A and A-1, hereto attached,are hereby <br /> made a part of this Agreement. <br /> Article IV. ALL EXPENSES TO BE BORNE BY LICENSEE• <br /> RAILROAD REPRESENTATIVE. <br /> The Licensee shall bear any and all costs and expenses associated with any work <br /> performed by the Licensee, or any costs or expenses incurred by the Railroad relating to this Agreement. <br /> All work performed by Licensee on Railroad's property shall be performed in a manner satisfactory to the <br /> representative local Manager of Track Maintenance of the Railroad or his authorized representative <br /> (hereinafter the Railroad Representative): <br /> i <br /> Mr. Dennis W.Magures -MTM Mr.Randy Taylor-MSM <br /> Union Pacific Railroad Company Union Pacific Railroad Company <br /> 833 East 8th Street 141N J STreet <br /> Stockton, CA 95206 Tulare,CA 93274 <br /> (209) 546-7333 (559)443-2342 <br /> C <br /> Folder No.02324-65 <br /> 1 <br />