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INDEMNIFICATION AND ACCESS AGREEMENT (UNIVERSITY PARK) This Indemnification and Access Agreement is entered into on the last date set forth below,by and between the Grupe Commercial Company (the "Master Developer"), and the Stockton Unified School District, a California public school district organized and operating under the laws of the State of California(the "District"), and is based on the following facts and assumptions. WHEREAS, Master Developer controls certain real property located within the boundaries of the District located south of Harding Way, east of California Street, west of Southern Pacific Railroad Tracks, and north of Park Street, Stockton, California APN 139-210-04 (the "Property"); and WHEREAS,the District is evaluating the Property for the purpose of locating an educational facility thereon; and WHEREAS, as part of such evaluation,the District seeks, at its sole cost,to conduct certain testing on the Property for purposes of seeking mandatory approval of the Property by the Department of Toxic Substances Control ("DTSC"); and WHEREAS, the District seeks authorization from Master Developer to gain access to the Property in exchange for commitments on the part of the District described below; and WHEREAS, Master Developer intends to convey to the District a right of access to the Property for the purposes of conducting testing and survey work. NOW, THEREFORE,Master Developer and the District hereby agree as follows: Section 1. The above recitals are true and correct. Section 2. Master Developer hereby grants to the District on its behalf and on behalf of the District's officers, employees and authorized agents a revocable license to gain access to the Property during normal business working hours for the limited purpose of conducting such studies, surveys and evaluations as the District,within its discretion,determines are necessary for evaluating the Property for use as a school site, including necessary testing for seeking DTSC approval. Section 3. District shall provide written notice of its intent to enter the Property at least 48 hours prior to entering the Property. Section 4. The District shall indemnify and hold the Master Developer, its officers, directors and stockholders harmless from any and all claims, demands, damages, lawsuits, actions, liabilities,causes of action, and judgments which may be required to pay by reason of any damages, consequential damage,interfere,injury,or death to any person,property,or business suffered by any person, firm or other entity as a result of the acts or omissions of the District or anyone on its behalf and carrying out the activities permitted herein. ind and amagent wpd t March JI,204