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9/02/2004 12: 52 1 ..HORIZON PAGE 07 ' <br /> Mr.Eric Schneider,AubunacWe Properties,Inc. November 13,2003 <br /> Right of Entry Agreement <br /> APN 094-030-13, Stockton, California pjp 2 <br /> 5. UItr9Mar agrees to comply with all Federal, State and Local laws, rules, <br /> orders and regulations pertaining to the operations and activities pennitted in <br /> this Ageement. <br /> 6. Ultramar will indemnify,defend, and hold the owner of the Property harmless <br /> for any claims made against the owner of the Property for injury or damage <br /> resulting from the activities performed by Ultramar on the site as set forth in <br /> the attached site plan, which are not attributable to the negligence or willful <br /> misconduct of the owner of the Property or the employees, representatives, <br /> contractors, and/or agents of the owner of the Pro erty. <br /> fC�r Ott I e �d WAVV11. 4, 1RR1a4M An.YAm&rid- <br /> 7. This Agreemen�co gins the entire Agreement and understanding conceming W65 <br /> the subject matter hereof between the parties hereto,.and shall supefcede an <br /> yt �' <br /> and all prior negotiations, agreements; and/or proposed agreements, *hether <br /> written or oral, concerning the subject matter hereof: Each such party �i <br /> recognizes that, except as expressly specified herein, no other party, or agent <br /> of such other parry, has made any pronuse, representation, warranty, whether <br /> express or implied, concerning the subject matter hereof <br /> 8. This Agreement shall be governed by the laws of the State of California. <br /> If the previously described conditions meet with your approval, please sign bath of the enclosed <br /> copies oft-his Agreement and return.one (1) copy to us for our files. <br /> ULTRAMAR INC., a Nevada Corporation <br /> By, <br /> Jo ph A JU&ridge <br /> Supervisor, West Coast Region <br /> Retail Environmental Services <br /> Phone (559) 583-3231 <br /> AGREED AND ACCEPTED: <br /> Shadrall Associates, .a New York general partnership <br /> B f r� ��� By: Shadr.all Corp. , a Massachusetts corporation <br /> BY- -- 1 its managing general partner <br /> Printed Name <br /> y <br /> ignature By:.. C i.stine Felix <br /> Duly Authorized <br /> Title: Ott- <br /> Date, <br /> Date: Date: <br /> Phone#: . D �� �' <br />