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specifically provided herein, in the computation of any period of time which shall be required or permitted hereunder or under any law for any notice or other communication or for the performance of any term,condition,covenant or obligation,the day from which such period ores shall be excluded and the last day of such period shall be included unless it is a Saturday,Sunday or foetal holiday,in which case the period shall be deemed to run until the end of the next day which is not a Saturday, Sunday or federal holiday. 8. The provisions of this Agreement shall be for the benefit of the Parties and their respective successors and assigns. 9. This Agreement may be executed in a number of identical counterparts, each of which for all purposes is deemed an original,and all ofwhich constitute collectively one(1)agreement. 10. The term and provisions of this Agreement shall remain confidential between the Parties,subject to the right of Licensee to disclose the terms hereof to third parties as reasonably required to conduct its Due Diligence Inspection,and Land Owner shall not use Licensee's name or logotype and will not issue any press release or other information pertaining to this Agreement or the Licensee without Licensee's prior written consent The foregoing shall not be construed to prohibit or limit the rights of Licensee and its agents from contacting any governmental entity or other party in order to investigate and discuss the condition ofthe Property,and the potential development or use thereof. 11. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws principles. 12. All information derived from Licensee's investigations, tests and test results shall, to the extent permissible under existing law, remain confidential and shall not be disclosed to any party, other than as is necessary to comply with any obligations Licensee may have under applicable reporting laws. Licensee, only upon Land Owner's written request, shall deliver to Land Owner copies of the results of any Phase 1I or other invasive environmental or geotechnical testing included within the Due Diligence Inspection. IN WITNESS WHEREOF,the Parties hereto have executed this Agreement as ofthe Effective Date. Land Owner. Licensee: Prologis Logistics Services Incorporated, FedEx Ground Package System,Inc. a Delaware corporation a Delaware corporation By: S By: N e: 1 r3 t t�H-- N James M.Maxwell p Ti :Managing Doctor,Real Estate J Title:_ JY- Date:May L}j,2013 Date:May 3np,2013 DMR48781 v6 TRACY[Sacramento 11],CA-early access agreement[Prol,ogis]