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84/02/2004 12:52 1 HORIZON PAGE 04 <br /> Mr.Eric Schneider,Auburndale Properties,Inc. November 13,2003 <br /> Right o£Entry Agreement <br /> 1108 East Hammer Lane, Stockton.,Califin i Page 2 <br /> 5. Ultramar agrees to comply with all Federal, State and Local laws: rules, <br /> orders and regulations pertaining to the operations and activities permitted in <br /> this Agreement. <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 <br /> �,2 T t� t�oPAMC1 PrrooSL- I{qq� pW f yp s <br /> 7. This AgreemeVontains the entire Agreement and und�lerstanding concerning <br /> The subject matter hereof between the parties hereto, and shall supercede any <br /> and all prior negotiations, agreements, and/or proposed agreements, whether <br /> written or oral, concerning the subject matter hereof. Each such party <br /> recognizes that, except as expressly specified herein, no other party, or agent <br /> of such other party, has made any promise, representation, warranty, whether <br /> express or implie concerning the subject matter hereof <br /> 8. This Agreement shall be governed by the laws of the State of California. <br /> Vthe previously described conditions meet with your approval, pplease sign both of the enclosed <br /> copies of this Agreement and return one (1) copy to us for our tiles. <br /> ULTRAMAR INC., a Nevada Corporation <br /> By: <br /> Jo4h A. Aldridge <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 /> S T1 J.�L` By: Shadrall Corp, a Massachusetts corporation <br /> Ey: - �L- +X its managing general. partner <br /> Printed Name <br /> Signature By: ' Christine Felix <br /> f _ Duly Authorized <br /> Title: _ ��1 A�57 f <br /> Date: 9" Q - 6 <br /> Date: AA <br /> Phone#: t 1.' ' Q� <br />