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Susan Lukaszewicz <br /> June 14,2005 <br /> Page 2 <br /> the date of this Agreement to Shell, its employees, authorized agents and <br /> contractors to enter the Property to perform all monitoring well <br /> installations,tests, inspections,borings, engineering studies, surveys, <br /> appraisals, environmental studies,remediation operations and/or other <br /> activities hereinafter referred to as "Investigations"necessary to comply <br /> with all applicable federal, state and local statues,regulations, ordinances <br /> directives, and orders for the Investigations directed by local, state, or <br /> federal agency related to USTs. Shell shall not perform any work, <br /> Investigation or remediation which has not been directed by a local, state, <br /> or federal agency. This Agreement is intended and shall be construed <br /> only as a temporary license to enter and conduct the Investigations upon <br /> the Property and not a grant of easement or any other interest in the <br /> Property. <br /> 5. Paragraph 2 of the Agreement should be modified in full to read: <br /> 2. Environmental Investigation and Remediation. For as long as this <br /> Agreement remains in effect, Shell, at its sole expense, agrees to conduct <br /> any necessary Investigation at the Property,performed by licensed <br /> contractors in accordance with all applicable federal, state and local <br /> statues,regulations, ordinances and standards. <br /> 6. Paragraph 3 should be modified in frill to read: <br /> 3. Termination. Upon the completion of the Investigations and any <br /> required remediation, Shell shall provide notice and appropriate . <br /> documentation to the relevant government agencies having jurisdiction <br /> ("Agency'D and to Licensor that Shell has completed its required <br /> Investigations and any required remediation. Upon Shell's receipt of a <br /> letter of"No Further Action"or similar document indicating that Shell's <br /> Investigations are complete the Investigations shall be considered <br /> complete and this Agreement terminated subject to site restoration. In the <br /> event that the Agency does not, for a period of one(1) year following the <br /> date of submission of Shell's written notice, express objections to the <br /> notice,then the Investigations shall likewise be conclusively presumed to <br /> be complete. <br /> 7. Paragraph 4 should be modified in fall to read: <br /> 4. Mutual Cooperation. Shell agrees to coordinate its activities with <br /> Licensor so as to not unreasonably interfere with business operations and <br /> to minimise any inconvenience or to interruptions of the conduct of <br /> Licensor's business or development of the Property including,but not <br /> �Yer <br /> 3889343 <br />