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RIGHT OF ENTRY AND INDEMNITY AGREEMENT This RIGHT OF NTRY AND INDEMNITY AGREEMENT ("Agreement") is entered into as of October , 2010 (the "Effective Date") by and between CATELLUS OPERATING LIMITED PARTNERSHIP, a Delaware limited partnership ("Owner") and AKF DEVELOPMENT, LLC, a California limited liability company ("AKF") with reference to the following facts: A. Owner holds title to certain real property located at 1351 DuPont Court, in the City of Manteca, County of San Joaquin, State of California(the"Property"), B. As required by the County of San Joaquin (the "County") and the State of California, AKF previously installed three monitoring wells on the Property known as MW-10, MW-11 and MW-12 (collectively the "Wells"). The County has jurisdiction over the closure of the Wells, and AKF now desires to close the Wells in accordance with the requirements of the County. C. Owner is willing to grant a license to AKF to enter the Property in order to take all required action to close the Wells. NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of License. From and after the date hereof, AKF and its agents, employees, contractors and subcontractors shall have the non-exclusive right and license to enter upon the Property to close the Wells in a prompt, safe and workmanlike manner and in accordance with all applicable federal, state or local laws, regulations, ordinances and all regulatory orders and directives of appropriate governmental agencies. AKF shall maintain the insurance described in Paragraph 2 below. All costs of such work and activity shall be borne solely by AKF. Unless the parties mutually agree otherwise, the license provided for in this Agreement shall expire sixty (60) days after the Effective Date. AKF shall provide Owner with at least forty-eight (48) hours' written notice prior to entry on the Property and shall cause all work to be performed hereunder without unreasonably interfering with the conduct of the existing business now being operated on the Property. 2. Insurance. At any time work is being performed on the Property pursuant to this Agreement, AKF shall obtain and maintain in full force and effect, at its own expense, a policy of insurance written by one or more responsible insurance carrier(s)which will include Owner as an additional insured, insuring against liability for injury to persons and/or property and death of any person or persons occurring in, on or about Property arising from AKF's conduct, and the combined single limit of liability under such insurance shall not be less than $1,000,000. Before commencing any work on the Property, AKF shall fumish Owner with a certificate of such liability insurance issued by the insurance carrier making Owner as an additional insured Right of Entry and indemnity Agreement Page I