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1 <br /> eleven Store No. 32262 <br /> 60 West Grant Line Rd. <br /> Tracy, California.95376. <br /> ACCESS AGREEMENT <br /> This Access Agreement("Agreement") is executed this day of <br /> Texa2004,between Shell Oil Products US ("SHELL") and 7-Eleven, Inc., a <br /> s orP oration ("7-ELEVEN") <br /> Recitals <br /> Whereas, SHELL holds title to certain real property located at 2375 West Grant <br /> Line Road in Tracy, California(the "Property"), and <br /> Whereas, 7-ELEVEN is conducting an environmental assessment of the adjacent <br /> property, located at 2360 West Grant Line Road ("7-Eleven Site"), and has determined <br /> that there may be hydrocarbons emanating from an underground storage tank system at <br /> the 7-Eleven Site onto the Property(the"Contamination"), and <br /> Whereas, 7-ELEVEN desires. access to the Property to investigate the <br /> Contamination at its sole cost, and <br /> Whereas, SHELL is willing to grant access on the terms and conditions set forth <br /> herein, for the purpose of installing two groundwater monitoring wells and the <br /> advancement of one soil boring. <br /> NOW,THEREFORE, in consideration of the mutual promises herein made,the <br /> parties agree as follows: <br /> 1. SHELL herein agrees to provide. 7-ELEVEN and its employees, agents <br /> and contractors reasonable access to the Property for purposes of <br /> investigating the Contamination on the Property. <br /> 2. 7-ELEVEN agrees and acknowledges that this license agreement is <br /> personal to 7-ELEVEN and in no way does this agreement create a grant <br /> of easement or any other interest in the Property. This license is revocable <br /> and may be withheld in the sole discretion of SHELL, subject to the <br /> requirements of the regulatory agency with oversight authority. <br /> 3. 7-ELEVEN shall provide notice by email to SHELL at least seven (7) <br /> business days before entering the Property and SHELL shall also have the <br /> right to have a representative present to witness any work performed on <br /> the Property. <br /> 4. 7-ELEVEN shall coordinate its activities on the Property with SMELL and <br /> shall use its best efforts Jo minimize any disruptions or interferences to <br /> SHELL's activities or facilities. <br /> 1 <br /> 935401.1!S PJT608810240106080.1 <br />