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ACCESS AGREEMENT Effective as of August 12,2010,Celia Moret(hereinafter referred to as"Owner")hereby grants to Nestle USA, Inc. and its affiliated companies together with its and their respective consultants and contractors (hereinafter jointly and severally referred to as"Nestle") the right to enter Owner's property located at 212 East Main Street,Ripon,CA(hereinafter the"Property")by appointment to conduct Cone Penetromter Testing(CPT)(the"Investigation")under the following terms and conditions: 1. Term. This Agreement shall extend for a period of one year from the date first set forth above; provided, however, that this Agreement may be extended upon Nestle giving written notice of such extension to Owner. 2. Purpose. The Investigation responds to the order of the California Regional Water Quality Control Board to conduct a soil and groundwater investigation in the vicinity of the Nestles former site at Industrial Avenue,Ripon,California. 3. Activities. The Investigation shall consist of the taking groundwater 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 necessary to conduct the Investigation shall enter onto the Property and Nestle shall make reasonable efforts to avoid interfering in any way with activities being conducted on the Property by Owner or the property tenant. 6. Compliance with Laws. Nestle will conduct the Investigation and will dispose of any materials, including soil or water samples, used or generated as a result of said Investigation in compliance with all applicable Federal,state,and local laws and regulations. 7. Indemnification. Nestle shall be responsible for, and shall indemnify and bold Owner harmless from and against any and all claims, demands, losses, damages, penalties, and expenses, including reasonable attorneys' fees,directly caused by the willful, negligent,unlawful,or unauthorized actions performed by Nestle under this Agreement. S. Test Reports. Nestle shall provide to Owner copies of raw data of the tests conducted on Owner's Property at the owner's request. 9. Non-Liability. Nothing in this Agreement shall constitute any admission that. Nestle is responsible for or liable in whole or in part for any contamination which is or shall subsequently be found on the Property. 10. Confidentialitv. Owner agrees not to disclose the ternrs of this Agreement or any information or documents provided by Nestle under this Agreement without express written prior notice to Nestie, except to such governmental authorities as may be required by law. NestIe 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 rights hereunder granted of record in said jurisdiction.