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ACCESS AGREEMENT
<br /> This Access Agreement is entered into as of the date of the last signature below
<br /> ("Effective Date"), by and between AT&T Corp., a New York corporation, having its principal
<br /> office at One AT&T Way, Bedminster, New Jersey 07921 (hereinafter referred to as "AT&T
<br /> Corp.") and the California Regional Water Quality Control Board, Central Valley Region, a
<br /> governmental agency of the State of California,having its principal address at 11020 Sun Center
<br /> Drive, Suite 200, Rancho Cordova, California 95670 (hereinafter referred to as "Central Valley
<br /> Water Board").
<br /> WHEREAS, AT&T Corp. is the owner of the real property located at 2201 West
<br /> Yosemite Avenue, Manteca, California, tax assessor parcel number APN # 198-170-29, (the
<br /> "Property"); and
<br /> WHEREAS,the Central Valley Water Board is conducting investigation and cleanup of a
<br /> petroleum release from an underground storage tank at the Frank's One Stop site located at 2072
<br /> West Yosemite Avenue, Manteca, California, under the California Emergency, Abandoned, and
<br /> Recalcitrant(EAR)Account Program; and
<br /> WHEREAS, the Central Valley Water Board has retained the services of GHD Inc., a
<br /> California corporation with an address at 16451 Scientific Way, Irvine, California 92618
<br /> (hereinafter "Contractor") to assist the Central Valley Water Board with the investigation of the j
<br /> Frank's One Stop site; and
<br /> WHEREAS, the Central Valley Water Board seeks access to certain portions of the
<br /> Property for the Central Valley Water Board, its employees, agents, and contractors, including
<br /> Contractor, to investigate the nature and extent of the contamination from the Frank's One Stop
<br /> release which may be present on the property at 2201 West Yosemite Avenue; and i
<br /> WHEREAS, AT&T Corp. desires to grant access to the Property for the Central Valley
<br /> Water Board,its employees,agents, and contractors subject to the terms hereof;.
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<br /> NOW, THEREFORE, in consideration of the covenants herein set forth, the Parties agree
<br /> that:
<br /> 1. As used in this Access Agreement, Hazardous Substances and Environmental
<br /> Laws shall have the following meanings:
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<br /> (a) "Hazardous Substances" means any substance, chemical, compound,
<br /> product, solid, gas, liquid, waste, byproduct, pollutant, contaminant, or material which is or
<br /> could be hazardous or toxic, and includes, without limitation, (a)mold, asbestos,polychlorinated
<br /> biphenyls, and petroleum (including petroleum products or derivatives, crude oil or any fraction
<br /> thereof), (b) any material classified or regulated as "hazardous waste" pursuant to the Resource
<br /> Conservation and Recovery Act or the laws of the State of California, and (c) any material,
<br /> chemical or substance regulated under any Environmental Laws. !
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<br /> (b) `Environmental Laws" means all federal, state, regional, county and local I
<br /> statutes, regulations, ordinances, rules, regulations and policies, all court and administrative
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