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To: Page 2 of 4 2006-07-12 19:16:28(GMT) 14259404897 From Bmayak Acharya 4 • • ACCESS AGRFI'MENT Effective as of July 17, 200(,, Jerry Jenkins (hereinafter referred to as "Owner") hereby grants to Nestle USA, Inc. and its affiliated companies together with its and their respective consultants and conh'actors (hereinafter jointly Anil severally referred.to as "Nestle") the right to enter owner's properly located at320 South Stockton Avenue (hereinafter the "Property") by appointment to conduct a soil gas survey (the "Investigation")under the following terns and conditions: 1. Terur. Ibis Agreennent shall extend for a period of one.year from the date first set torth above; provided, however, that this Agreemient may be extended upon NestlE, giving written notice of such extension to Owner. 2. Purpose, The investigation is required to respond to the order of the California Regional Water Quality Control Board to conduct a soil gas study un the vicinity of the Nestle's former site at Industrial Avenue, Ripon,California. 3. Activities. The Investigation shall consist of the taking soil gas samples at the.locations shown on the attached figure. 4, Access. At least twenty-four (24.) hours prior to undertaking any sampling activities,on the Property,Nestle shall give Owner notice of its intention to enter the:Property. 5, Non-Interference. Only those individuals who are involved in the conduct of the. Investigation and such equipment as is roecessary to conduct the Investigation shall enter onto the Property and Ncstle shall make reasonable efforts to avoid inlerfering in any way with activities being conducted on the Property by Owner, 6. Compliance with Caws. Nestle. will conduct the .investigation and will dispose of any materials, in.caud.in}; sail or water samples, used or generated as a result of said Investigation in compliance with all applicable.Federal, state, anal local laws and regulations. 7, Indemnificatiotl. Nestle shall be responsible for, and shall indemnify and hold Owner harmless from and against any and all claims, demands, nesse~, dama};es, penalties, and expenses, including reasonable attorneys' fees, directly caused by the willful,negli.gent,unlawful,or unauthorized actions performed by Nestl&under(:his Agreement. 8. Te8t Reports. Nerd@ shall provide to Owner copies of raw data of the tests conducted on owner's rroperty al the owners request. 9. Non-Liability, Nothing in this Agreement shall constitute any admission that Nest]6 is responsible for or liable in whole or i.n. part for any contamination which is or shall subsequently be fau.ncl.on the Property. 10, Confidentiality. Owner agrees not l> disclose the terms of this Agreement or any information 01 documents provided by Nestle under this Agreement without express written prior notice to Nestle, except to Such govenunental authorities as may be required by.law. Nestl6 may, 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 rig his hereunder granted of record in said jurisdiction.