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AGREEMENT <br /> This agreement is made and entered into this day <br /> of , 198_, by and between EXXON Company, <br /> U. S.A. , a corporation, (Exxon) , and The <br /> Luckey Company, a California corporation , (Luckey) and Edna <br /> I. Filippi , and Bank of Stockton as trustee of Trusts A and B <br /> created under the Last Will of Joe Filippi , Jr . , (collec- <br /> tively referred to as Owners) . <br /> RECITALS <br /> The Luckey Company is in the process of purchasing <br /> certain .real property ( the Property) more particularly <br /> described in Exhibit A attached hereto and incorporated <br /> herein by reference , said Property being sold to The Luckey <br /> Company by Owners . Exxon is the former owner and/or operator <br /> of a service station on said Property and has been contacted <br /> by the California Regional Water Quality Control Board with <br /> respect to contamination of soils and groundwater on and <br /> under said Property allegedly resulting from Exxon ' s <br /> operations on the Property. Exxon has asserted that said <br /> contamination was not caused by Exxon and has conducted an <br /> investigation and is proposing to conduct additional <br /> investigations in an effort to determine whether Exxon is or <br /> is not the source of contamination of groundwater under the <br /> Property. <br /> The Luckey Company is desirous of purchasing the <br /> Property without assuming any responsibility or liability for <br /> any existing contamination on or under the Property as of the <br /> date of purchase and Exxon does not wish to interfere with <br /> the purchase and sale of. the Property between Luckey and <br /> Owners . <br /> THEREFORE, the parties agree as follows : <br /> 1. In order to facilitate the purchase of the above <br /> referenced Property by Luckey, Exxon hereby agrees that if , <br /> after Exxon' s investigation of. the Property is completed , <br /> Exxon cannot demonstrate to the satisfaction of the Central <br /> Valley Regional Water Quality Control Board that the contam- <br /> ination of the groundwater under the Property was caused by <br /> third parties , Exxon will assume full responsibility for the <br /> clean-up of such contamination and will undertake , at its <br /> sole cost and expense , any and all remedial action with <br /> respect to such contamination required by any local , state <br /> and/or federal agency laws , rules , and/or regulations <br /> regarding the same. <br /> 2 . Luckey and Owners agree to provide Exxon with all <br /> -1- <br />