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r <br /> Y <br /> LICENSE AGREEMENT �O <br /> Musco Family Olive Company <br /> 17950 Via Nicolo <br /> Tracy, CA 95377 <br /> Attention: Benjamin Hall giv� <br /> 0 <br /> Lo�v <br /> Gentlemen: <br /> Tracy Hills LLC ("Landowner") hereby grants the Musco Family Olive Company <br /> ("Musco"), its officers, employees and contractors, permission to enter upon the land, <br /> commonly known as San Joaquin County APN: 251-320-10, 251-320-11, and 251- <br /> 320-14, as shown on the diagram, attached as Exhibit 1 hereto and incorporated herein by <br /> this reference ("Landowner's Property"), to perform the Authorized Activities described <br /> below. This License shall be personal to Musco and its employees, shall be subject to the <br /> terms and limitations set forth herein below, and shall not be assignable without the <br /> express written consent of Landowner. <br /> 1. AUTHORIZED ACTIVITIES <br /> Pursuant to this License Agreement, Musco shall be allowed to enter upon Landowner's <br /> Property to install up to five (5) groundwater monitoring wells, and to perform the <br /> following acts thereafter ("Authorized Activities"). Musco, its officers, employees and <br /> contractors, may enter upon the Landowner's Property to take samples from said <br /> groundwater monitoring wells. Musco will provide Landowner with a copy of the results <br /> of all tests, analyses, reports and studies conducted with the samples from said wells that <br /> it has or obtains. <br /> Musco, its officers, employees and contractors, may continue to enjoy this License in <br /> order to take samples from the wells, until the termination or expiration of this <br /> Agreement. If Landowner provides written notice to Musco invoking its right to <br /> terminate this Agreement, or revoke the License to any portion of the Property, in <br /> accordance with Section 2 hereof, Musco shall, within 90 days of the receipt of said <br /> notice, complete the abandonment of any or all affected wells,which shall include: (i) the <br /> dismantling and removal of the well heads and related apparatus, (ii) closure of the wells <br /> in accordance with the regulations of the San Joaquin County Department of <br /> Environmental Health, and(iii) restoration of the land in the proximity of each well to its <br /> original condition,to the reasonable satisfaction of Landowner. <br /> 2. TERM <br /> The License provided herein shall remain in effect during the Term of this Agreement, <br /> which shall commence on the date of full execution hereof, and terminate five (5) years <br /> thereafter, until and including June 30, 2012. Landowner reserves the right to terminate <br /> this Agreement and revoke the License as to the entire Property or any portion thereof at <br /> any time after June 30,2008 by mailing written notice to Musco. Said termination and/or <br /> revocation shall be effective no less than ninety(90)days following the date of mailing. <br />