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10/25/2004 08:29 CLAYTn"' PLEASANTON � 12094683433 NO.968 P002
<br /> AGREEMENT FOR RIGHT OF ENTRY O �q0
<br /> BETWEEN 6
<br /> AND
<br /> SHELL OIL COMPANY
<br /> THIS IS AN AGREEMENT between Mary Maria Rocha ("Grantor'),and SHELL OU_
<br /> COMPANY, a Delaware corporation with offices at 910 Louisiana Street,City of Houston, State of
<br /> Texas 77002 (herein called"Shell").
<br /> Grantor is the owner of a premises known as_18601 W Grant Line Road,Tracy,CA, 95391,
<br /> APN 209-450-13 , and legally described in Exhibit"A"("the Property"). There may be present on or
<br /> under the Property petroleum liquids, solids,and/or vapors which the parties may have an interest in
<br /> investigating and/or removing by undertaking to perform a site assessment that includes the collection of
<br /> ground water samples from on-site monitoring wells.
<br /> The parties agree as follows:
<br /> GRANTOR,on its behalf and on behalf of any present or future lessees,licensees,assignees,
<br /> agents,representatives,grantees and successors,hereby grants to Shell,its contractors,subcontractors,
<br /> and their employees and agents a temporary license to enter upon the Property for the purpose of
<br /> conducting site assessment and/or product recovery or other cleanup activities("Activities")on the
<br /> Property. Such Activities may include the installation,operation and maintenance of investigative
<br /> and/or recovery wells and appurtenances thereto and the right to perform all acts necessary in connection
<br /> therewith. Such license shall continue in force until said Activities are completed to the satisfaction of
<br /> Shell and any environmental regulatory agency with jurisdiction.
<br /> Grantor covenants that the temporary license to enter hereby granted Shell is binding upon itself and any
<br /> present or future lessees,licensees,assignees,occupants or owners of the Property and that Grantor will
<br /> make any grants of rights to such lessees,Iicensees,assignees, occupants or owners of the Property
<br /> subject to Shell's license to enter the Property and that Grantor,its lessees,licensees,assignees,and
<br /> occupants will not prohibit or interfere with or obstruct such entry of Activities on the Property and will
<br /> not permit same to be done by others.
<br /> By accepting this license Shell in no way admits or acknowledges liability for the presence of
<br /> petroleum liquids,solids,and/or vapors or assumes any responsibility for their removal,nor does Grantor
<br /> waive any of Grantor's legal rights.
<br /> Prior to any entry upon the Property pursuant to this license, Shell will submit a copy of its
<br /> proposed plan for site investigation,or other remedial activity to Owner for Owner's approval,which
<br /> approval shall not be unreasonably withheld_ Owner shall notify Shell of its disapproval of such plans
<br /> within ten(10)days after receipt by Owner,or Owner shall be deemed to approved such plans.
<br /> The performance of the Activities will be at no cost or expense to the Grantor,its lessees,
<br /> licensees,assignees,representatives, grantees and successors. Shell further agrees not to unreasonably
<br /> interfere Grantor's business operations or those of its lessees and licensees, provided, however,that any
<br /> plans approved by Grantor shall be deemed not to unreasonably interfere with same.
<br /> AGREEIvJY,NT FOR RIGHT OF ENTRY
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