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Tv. Page 2 of 4 • 2006-07.1219:16.28(GMT) 9404897 From BinayakAcharya if IRE C;,Ew ® oct 12 M,n"flrIES ACCESS AGREEMENTCt`F {6Ci5'OFTOIy '17, 2006, 1l,Ty Julkins Qluunafter ..efened to m "1.lwlnel") hereby grans to NeSW Inc. and its affiliated compunit's together with its ,end their respective consultants and ronlractors (hvieinafter jointly and severally referred to as "Ncsllc") the right to enter Owner's property located at 321)South Stockton Avenue. (hereinafter tlne "Property") by appointment to conduct a soil gas survey (111L, `IrxTstigalioty') under it)(! lollowing terns and conditions: 1. Tenn. This Agretune nt shall extvrid for it period of oneyear from the date first set lorth above; provided, however, that this Agreement may he extended upon Nestle giving; written notice of such l'xll'ilSioll to Owner. 2, Pn_r os The Investigation is required to respond to the order of the California Regional Water Quality C'onh'ol hoard to conduct a soil gas study in [lie vicinity of the Nestle's former site at Inciushial Avenue, Ripon,Cali) n ria. 3. Activities. The.Investigation shall consist of elle taking soil gas samples at the locations shown on the attached figure. 4. Aceesw. At least twenty-fora' (24) hours pri.dr to undertaking any sampling activities,on the Property, Nestle shall give Owner notice of its intention to enter Cele Property. 5. Non-lneerfe ruee. Only those individuals who are involved in the conduct of the j Investigation a:,nd such equipment as is no essary to condtiet the Invo.migation shall enter onto the Property and Nesdd shall Make reasonable efforts to avoict interfering; in any way with activities being conducted on the Property by Owner, 6, Compliance with Lawo. Nesdc will conduct the Investigation and will dispose of,rany materials, including soil or water samples, used or generated as a result of said Investigation in cumplia net-with all applicable Federal,stale, and local laws and regulations. 7, indernnificatim . Nestle shall be m5ponstttle for, and shall indemnify and hold Owner harmless from and against any and all Claims, dCI11a1ndS, losses, damat'es, penalties, and exp"llses, including reasonable attorneys' fees, directly eausCd by the willful, negligent,unlawful,or unauthorized actions performed by Nestle under this Agreement. t;, 'fest Reports. Neste@ shall provide to Owner copies of raw data of the tests Cenulucted on Owner's Property al the ownef s request. 9. Non-Li ability. Nothing in this Agreement shall constitute any admission that Nestle is responsible for or liable in whole or in part for arty contamination which is or shall subsequently be found on the Property. 10, Confidentiality. Owner agrees not to disclose the terns of this Agreement or any information or documents provided by Nestle under this Agrccnuslt without express written prior notice to Nester, except la such governmental authorities as may be required by law. Nestle relay, at its option,cause a copy of this Agreement to be filed on record in the jurisdiction wherein the Property is located so as to secure or further preserve its rights hereunder granted of record in said jurisdiction I