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DRAFT ACCESS AGREEMENT <br /> This Agreement is made as of by and between the <br /> following entities, referred to herein as the Parties: <br /> Shell Oil Products US ("Shell") <br /> 910 Louisiana <br /> One Shell Plaza—6ffi Floor <br /> Houston, Texas 77002 <br /> Attn: Director Safety,Health &Environment/ <br /> Science &Engineering <br /> And <br /> Diggler and Wad,LLC ("Licensor") <br /> Scott Damouny <br /> Mark Low <br /> WHEREAS,Licensor is the owner of a certain parcel of real estate located at <br /> 2491 East Fremont Street, in Stockton, California ("Property"), and <br /> WHEREAS, petroleum underground storage tanks as defined in 40 CFR Part 280 <br /> or.supplanfing federal regulations previously owned by Shell or its predecessors in <br /> interest("USTs")were present on premises near the Property, and <br /> WHEREAS, petroleum hydrocarbons may be present on the Property, and <br /> WHEREAS, the Parties desire to investigate and, if necessary, perform <br /> remediation of petroleum hydrocarbons to bring the Property into compliance with <br /> applicable law, <br /> NOW, THEREFORE,in exchange for the mutual promises and considerations <br /> stated herein the Parties agree as follows: <br /> 1. Grant of License. Licensor hereby grants a nonexclusive irrevocable license from <br /> the date of this Agreement to Shell,its employees, authorized agents and <br /> contractors to enter the Property to perform all monitoring well installations,tests, <br /> inspections,borings, engineering studies, surveys, appraisals, environmental <br /> studies, remediation operations and/or other activities hereinafter referred to as <br /> "Corrective Action" that Shell deems necessary to comply with all applicable <br /> federal, state and local statutes,regulations, ordinances directives, orders and <br /> standards for Corrective Action related to USTs. No work shall be conducted on <br /> the Property outside the work directed by any local, state, or federal agency. If <br /> Licensor fails to provide reasonable access to Shell, or Licensor unreasonably <br /> interferes with activities performed on the Property pursuant to this Agreement, <br /> such failure shall constitute waiver of any right, claim or cause of action Licensor <br />