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0 <br /> 6°3f75 <br /> RIGHT OF ENTRY AND INDEMNITY AGREEMENT <br /> 0" <br /> This RIGHT OF ENTRY AND INDEMNITY AGREEMENT ("Agreement") is entered <br /> into as of August 2,,0 , 2010 (the "Effective Date") by and between ADVERB Properties, <br /> LLC, a California limited liability company, and J.M. EQUIPMENT COMPANY, INC., a <br /> California corporation ("Owner") and AKF DEVELOPMENT, LLC, a California limited <br /> liability company("AKF") with reference to the following facts: <br /> A. Owner holds title to certain real property located at 321 Spreckels Avenue, in the <br /> City of Manteca, County of San Joaquin, State of California(the"Property"), <br /> B. As required by the County of San Joaquin (the "County") and the State of <br /> California, AKF previously installed a monitoring well on the Property (the "Well"). The <br /> County has jurisdiction over the closure of the Well, and AKF now desires to close the Well in <br /> accordance with the requirements of the County. <br /> C. Owner is willing to grant a license to AKF to enter the Property in order to take <br /> all required action to close the Well. <br /> NOW THEREFORE, for and in consideration of the mutual covenants and agreements <br /> contained in this Agreement, and other good and valuable consideration, the receipt and <br /> sufficiency of which are hereby acknowledged, the parties agree as follows: <br /> 1. Grant of License. From and after the date hereof, AKF and its agents, <br /> employees, contractors and subcontractors shall have the non-exclusive right and license to enter <br /> upon the Property for the purpose of taking all action required by the County to close the Well <br /> pursuant to and in accordance with the requirements of the County; provided that in conducting <br /> all such activities AKF complies with all applicable laws and regulations and maintains the <br /> insurance described in Paragraph 2 below. All costs of such work and activity shall be bome <br /> solely by AKF. Unless the parties mutually agree otherwise, the license provided for in this <br /> Agreement shall expire sixty (60) days after the Effective Date. AKF shall provide Owner with <br /> at least twenty-four (24) hours' notice prior to entry on the Property, which notice may be by <br /> telephone, and shall cause all work to be performed hereunder without unreasonably interfering <br /> with the conduct of the existing business now being operated on the Property. <br /> 2. Insurance. At any time work is being performed on the Property pursuant to this <br /> Agreement, AKF shall obtain and maintain in full force and effect, at its own expense, a policy <br /> of insurance written by one or more responsible insurance carrier(s) which will include Owner as <br /> an additional insured, insuring against liability for injury to persons and/or property and death of <br /> any person or persons occurring in, on or about Property arising from AKF's conduct, and the <br /> combined single limit of liability under such insurance shall not be less than $1,000,000. Before <br /> commencing any work on the Property, AKF shall furnish Owner with a certificate of such <br /> liability insurance issued by the insurance carrier demonstrating compliance with the terms of <br /> this paragraph and providing that such insurance shall not be canceled except after thirty (30) <br /> Right of Entry and Indemnity Agreement Page I <br />