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ACCESS AGREEMENT BETWEEN „ PHOENIX LODGE AND ARCO PRODUCTS COMPANY THIS ACCESS AGREEMENT is made as of 1995 (this "Agreement"), by and between Phoenix Lodge, hereinafter referred to as "Grantor" and ARCO Products Company, a division of Atlantic Richfield Company, hereinafter referred to as "Grantee." 1. RECITALS 1.1 Grantor owns certain real property located at 3511 North Tracy Boulevard (the "Property'). 1.2 Grantee desires to drill on a portion of the Property borehole(s) (the "Boreholes") and groundwater monitoring well(s) (the "Wells") and to perform assessment and other related work on the Property as required by or in accordance with applicable environmental laws and regulations,or as required by or acceptable to those regulatory agencies exercising appropriate jurisdiction (collectively, the "Work"). 1.3 The parties desire to enter into this Agreement to allow Grantee to install said Boreholes and Wells on the Property and to provide access to the Property to Grantee or its representatives for the purpose of performing the Work authorized by this Agreement. 2. AGREEMENT In consideration of the above and the mutual covenants and agreements herein, the parties agree as follows: 2.1 Grantor hereby grants Grantee or its representatives permission to enter onto the Property for the purpose of performing the Work authorized by this Agreement. Grantor authorizes Grantee or its representatives to release any and all analytical geotechnical data and site assessment information obtained during the performance of the Work to appropriate government agencies. Copies of final assessment and remediation reports pertinent to the Property and provided to such agencies shall also be provided to Grantor. 2.2 Grantee shall not permit any liens to stand against the Property for the Work done or materials furnished to Grantee, and Grantee shall indemnify, defend and save Grantor harmless from any such liens for the Work performed under this Agreement. 2.3 If the surface of the Property or any improvements thereon shall be disturbed by the Work, then, upon completion of Work, the surface or improvements shall be promptly restored by Grantee to its condition just prior to such disturbance. 2.4 Grantee shall, after the Boreholes or Wells are no longer useful to the investigation, backfill or close out such Boreholes or Wells according to applicable standards. 091M195S6:\2670"RRESP,2670-0 LG I QMS-PS2200