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BP NVEST COAST-`PRODUCTS LLC <br /> bp <br /> ACCESS AGREEMENT BETWEEN I <br /> Rock Brothers II,P.T.P. AND BP West Coast Products LLC I. <br /> THIS ACCESS AGREEMENT is made as of October 1, 2002 (this "Agreement"), by and between Rock <br /> Brothers II; P.T.P., hereinafter collectively referred to as "Grantor", and BP West Coast Products LLC, a <br /> Delaware Limited'Liability Company,hereinafter referred to as"Grantee". <br /> 1. RECITALS <br /> 1.1 Grantor owns certain real property located at 1538 East Market Street, Stockton, <br /> California,the'Property"). <br /> 1.2 Grantee desires to drill on a portion of,,the Property5 borchole(s) (the "Boreholes" and <br /> groundwater monitoring well(s) (the" Wells") and to perform assessment and other related work on the <br /> Property as required by or in accordance with applicable environmental laws and regulations,or as required <br /> by or acceptable to{those regulatory agencies exercising appropriate jurisdiction(collectively,the".Work"). <br /> 1.3 The parties desire to enter into this Agreement to allow Grantee to install said Boreholes <br /> and Wells on the Property and to provide access to the Property to Grantee or its representatives for the <br /> purpose of performing the Work authorized by this Agreement. <br /> 2. AGREENMNIT <br /> In consideration of the above and the mutual covenants and'agreements herein,the parties agree as follows: <br /> i <br /> 2.1 Grantor hereby grants Grantee or its representatives permission to enter onto the Property <br /> for the purpose of performing the Work authorized by this Agreement. Grantor authorizes Grantee or its <br /> representatives to release any and all analytical geotechnical data and site assessment information obtained <br /> during the performance of the Work to appropriate government.agencies. Copies of final assessment and <br /> remediation reports pertinent to the Property and provided to such agencies shall also be provided to <br /> Grantor. <br /> 2.2 Grantee shall not permit any liens to stand against the Property for the Work done or <br /> materials furnished to Grantee, and Grantee shall indemnify, defend and save Grantor harmless from any <br /> such liens for the Work performed under this Agreement. <br /> 2.3 If the surface of the Property or any improvements thereon shall be disturbed by the <br /> Work,then,upon completion of Work, the surface or improvements shall be promptly restored by Grantee <br /> ' to its condition just prior to such disturbance. <br /> � f <br /> 2.4 Grantee shall, after the Boreholes or Wells are no longer useful to the investigation, <br /> backfill or close out such Boreholes or Wells according to applicable.standards. € <br /> 1 <br /> 2.5 Grantee shall indemnify, defend, and save Grantor.harmless from all liability, damage, <br /> expense, causes of;action, suits, claims or judgments, including reasonable attorneys fees, resulting from <br /> i <br />