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LICENSE AGREEMENT <br /> THIS LICENSE AGREEMENT is mad6 the , day of <br /> 19 between Mervyn ' s, a California Corporation, hereinafter <br /> referred to as "licensor" and ARCO Petroleum Products Company , a <br /> division of Atlantic Richfield Company , hereinafter referred to as <br /> "licensee. " <br /> 1 . R E C I T A L S <br /> 1 . 1 ' Licensor occupies certain real property ( the "Property" ) in <br /> the City of Lodi, County of San Joaquin, State of California, more <br /> particularly described on Exhibit "C ' attached hereto and made a <br /> part herof. <br /> 1 . 2 Licensee desires to install o a; portion of the Property, <br /> two ( 2 ) groundwater monitoring wells as depicted on Exhibit "A" <br /> attached hereto and made a part hereof. <br /> 1 . 3 The parties desire to enter into this License Agreement to <br /> allow licensee to install said groundwater monitoring wells on the <br /> Property. <br /> 2 . A G R E E 14 E N T <br /> NOW , THEREFORE , in consideration of the mutual convenants an,d <br /> agreements herein contained , the parties hereto do hereby covenant ' <br /> and agree to and with each other as follows: <br /> 3 . T E R M S <br /> 3. 1 Licensee may install, maintain, and use at its sole cost and <br /> expense, two ( 2) groundwater monitoring wells on the Property in <br /> the locations designated on Exhibit "A" attached hereto. Mervyn' s <br /> hereby authorizes licensee to release any and all analytical. <br /> geotechnical data and site assessment information to the San <br /> Joaquin County Health District as soon as it is available. <br /> 3 .2 Said groundwater monitoring wells shall be constructed to the <br /> dimensions shown on Exhibit "B" attached hereto and made a part <br /> hereof . <br /> 3 . 3 Licensee agrees not to permit any liens to stand against the <br /> Property for work done or materials furnished to licensee, and <br /> licensee agrees to indemnify and hold licensor harmless from same. <br /> 3 . 4 If the surface - of the licens d area and/or the surface of <br /> licensor ' s adjacent real property and/or any improvements thereon <br /> shall be disturbed by the erection, operation, repair, maintenance, <br /> replacement or removal of licensee ' s groundwater monitoring well, <br /> then said surface and/or improvements shall be promptly restored by <br /> licensee to their condition just prior to such disturbance. <br />