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, signature block to this Access Agreement (hereinafter referred to as "Permittor") . D. The Permitted Activities shall include, but not be limited to the following: remedial investigation and groundwater monitoring work; Phase I Interim Remedial Action ("IRA") work, as described in the October 31, 1997 Phase I IRA Detailed Plan, and as may be amended thereafter; Phase II IRA work, as described in the May 27, 1999 Phase II IRA Detailed Plan, and as may be amended thereafter; and any future interim or final remedial actions, as may be set forth in subsequent IRA Detailed Plans or in the Final Remedial Action Plan for the Site. The Permitted Activities shall also include a temporary storage area to temporarily hold non- liquid wastes (soil and drilling mud) generated during investigation and remediation activities, and a temporary staging area to temporarily store construction materials to construct the Phase II and any future IRA and Final Remedial Action facilities (see attached Figure 1) . The Permitted Activities shall also include oversight of the above-described activities by the Trustee, the California Regional Water Quality Control Hoard (the "RWQCB") and the San Joaquin County Public Health Services, Environmental Health Division (the "SJCPHSEHD") . E. Pursuant to this Access Agreement, Permittor intends to grant its permission to Permittee, Permittee' s Agents and Trustee to have access to the Subject Property, in conformity with the terms and conditions set forth herein. NOW, THEREFORE, according to the foregoing recitals and following terms and conditions, the parties to this Access Agreement (individually "Party" and collectively "the Parties") , and each of them, hereby covenant and agree as follows : 1 . Grant of Access. (a) Under this Access Agreement, Permittor, as fee owner of the Subject Property, hereby grants permission to Permittee, Permittee ' s Agents and Trustee to have access to the Subject Property in order to perform the Permitted Activities, subject to the terms and conditions set forth herein. (b) Permittee or Permittee ' s Agents shall submit for the approval of Permittor and Permittor' s tenant (s) and affected subtenants a written schedule of work to be performed on the Subject Property which shall describe the Permitted Activities to be performed, the dates and times when and locations where such Permitted Activities will be performed, the equipment that will be used to perform such Permitted Activities, and the names of the persons who will be supervising the work and contact telephone numbers for such persons. Each written schedule shall be provided to Permittor and Permittor' s tenant (s) and affected subtenants at least ten (10) business days prior to Permittee or Permittee' s Agents entering the Subject Property to conduct Permitted Activities . Permittor and Permittor' s tenant (s) and affected SF 122493.3 99980 00100 2 10/20/99 12:00 PM