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' I ACCESS AGREEMENT THIS ACCESS AGREEMENT is made as of April , 2008 (the "Agreement), by and between TRACY MALL PARTNERS, LIMITED PARTNERSHIP, ("Owner"), and EQUILON ENTERPRISES, LLC DBA SHELL OIL PRODUCTS US ("Licensee'). Preliminary Statement J A. Owner owns certain real property located at the West Valley Mall, in Tracy, CA (the "PropertyLicensee' .) Lihas retained contractors and an environmental consultant to perform Ill. �. certain work described herein, which work is to be done upon the Property. Attached hereto as Exhibit'C is a Notification of Consultant for Site Access Agreement which will be completed and included with this Agreement. B. Licensee desires to enter upon the Property and to perform the work as described in Exhibit A, and follow-up work as may be required by firrtlrer agreement between Licensee and Owner (the "Work").p In general, the Work will consist of the sampling, analysis and modeling of Property soils andgroundwater, to determine and define the horizontal and vertical extent of petroleum hydrocarbon related contaminants in Property soils and groundwater resulting from Licensee's operations at the service station located at 2375 West Grant Line Road, Tracy, California(the"Shell Property"),the concentration of such contaminants within the defined area, and the hydrogeology of the defined area,'as well as remediation to treat impacts to Property k soils and groundwater caused by such contaminants under the direction and supervision of the € San Joaquin County Environmental Health bepartment, Site Code 0001473 . C. The parties desire to enter into this Agreement to allow Licensee or its authorized agents and independent contractors to perform the Work authorized by this Agreement. s NOW, THEREFORE, in consideration of Ten and no/100ths Dollars ($10.00) and for other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged by the'parties hereto,the parties do hereby agree as follows. Agreements .r 1. Deadline for Commencement of Work. Anything to the contrary contained in this Agreement notwithstanding, if the Work lias not commenced on or before November 31, 2008, + (unless.Owner extends such date in writing), this Agreement shall be null and void and of.no 4 further force and effect on that date. 2. Rightlof Entry, Release of Data, Work Representatives. (a)' Subject to the provisions of Section 11, Owner hereby grants Licensee, its authorized agents and independent contractors permission to enter onto those portions of the Property necessary in Owner's sole and absolute discretion from time to time for performance of the Work. Licensee agrees, and represents to Owner; that Licensee will not enter upon the Property to perforin the Work, or particular elements of the Work, unless and until Licensee possesses each governmental license, f approval or authorization required as a precondition of such Work. This Agreement shall not be 1 interpreted in any way to give Licensee access to the Property for any activity not specified + 216029