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ROE 920]16 Fonn Approved,AVP-1-4w Win. Aup - Foldur No. 02555-45 RIGHT OF ENTRY AGREEMENT i THIS AGREEMENT is made and entered into as of April 21, 2.009, by and between UNION PACIFIC RAILROAD COMPANY,a Delaware corporation(hereinafter the "Railroad"),and TEXACO DOWNSTREAM PROPERTIES INC, a Delaware corporation, to be addressed at 6001 Bollinger Canyon Road,,,San Ramon, CA 94583(hereinafter the"Licensee"). ' 4 IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. DEFINITION OF LICENSEE. 1 For purposes of this Agreement, all references in this Agreement to the Licensee shall include the Licensee's contractors,subcontractors,officers,agents and employees,and others acting under its or their authority, i r Article 2. RIGHT GRANTED; PURPOSE. - i The Railroad hereby grants to the Licensee the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the portion of Railroad's property in the vicinity of Mile Post 81.75, Tracy Subdivision,at or near Tracy,California, for the purpose of conducting 46 soil samples, 5 soil gas survey points and 26 bored soil sainples. The right herein granted to Licensee is limited to those i portions of the Railroad's property specifically described herein in the location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, or designated by the Railroad Representative named in Article 1V, e Article 3. TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C. a The terms and conditions contained in Exhibits B and C, hereto attached,are hereby made a part of this Agreement. Article 4. ALL EXPENSES TO BE BORNE BY LICENSEE; RAILROAD REPRESENTATIVE. The Licensee shall bear any and all costs and expenses associated with any work performed by the Licensee,or any costs or expenses incurred by the Railroad relating to this Agreement. All work performed by Licensee on Railroad's property shall be performed in a manner satisfactory to the representative local Manager of Track Maintenance of the Railroad or his authorized representative (hereinafler the Railroad Representative): Dennis Magures-MTM Marvin Hoaglar►d-MSM Union Pacific Railroad Company Union Pacific Railroad Company 833 East 8'"Street mlhoagla@up.com Stockton, CA 95206 209.546.7207,Cell 209.969.1186 209.546.7333,dwmagure@up.com Exhibit D