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<br /> orders and decrees and arbitration awards, and the common law, which pertain to environmental
<br /> matters or contamination of any type whatsoever, including but not limited to those relating to:
<br /> manufacture, processing, use, distribution, treatment, storage, disposal, generation or
<br /> transportation of Hazardous Substances; air, water (including surface water, groundwater, and
<br /> stormwater), or soil (including subsoil) contamination or pollution; releases of Hazardous
<br /> Materials, protection of wildlife, endangered species, wetlands or natural resources; health and
<br /> safety of employees and other persons; and notification requirements relating to the foregoing,
<br /> including, without limitation, the following statutes, and regulations adopted thereunder: the
<br /> Comprehensive Environmental Response, Compensation and Liability Act, as amended by the
<br /> Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. § 9601 et seq.
<br /> ("CERCLA"); the Solid Waste Disposal Act, as amended by the Resource Conservation
<br /> Recovery Act and the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. § 6901 et
<br /> seq. ("RCRA"); the Federal Water Pollution Control Act, as amended by the Clean Water Act of
<br /> 1977, 33 U.S.C. § 1251 et seq.; the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.; the
<br /> Tonic Substances Control Act, 15 U.S.C. § 2601 et seq. ("TSCA");the Safe Drinking Water Act,
<br /> 42 U.S.C. §§ 300f through 300j; the Hazardous Materials Transportation Act, 49 U.S.C. § 1801
<br /> et seq.; the Oil Pollution Act of 1990, 33 U.S.C. § 2701 et seq.; the Emergency Planning and
<br /> Community Right-to-Know Act, 42 U.S.C. § 11001 et seq.; the Occupational Safety and Health
<br /> Act, 19 U.S.C. § 6251 et seq. and the Porter-Cologne Water Quality Control Act, Wat. Code §
<br /> 13 000 et seq.
<br /> 2. (a) AT&T Corp. hereby grants to the Central Valley Water Board, its
<br /> employees, agents, and contractors, the limited non-exclusive right, at the Central Valley Water
<br /> Board's sole cost and expense,to enter upon the Property for the sole purpose of performing the
<br /> "Work" defined in paragraph 2(b), below. AT&T Corp. shall have the right at all times, at
<br /> AT&T Corp.'s sole cost and expense, to have a representative accompany any employee, agent,
<br /> or contractor of the Central Valley Water Board while such person is on the Property.
<br /> (b) The "Work" as used herein shall be the undertakings described in the
<br /> Scope of Work for 2201 W. Yosemite Avenue, Manteca, California, attached hereto as
<br /> Attachment A, and the "Site Plan" attached hereto as Attachment B. The Work includes
<br /> performing soil borings to install and sample initially, and periodically thereafter, two clusters of
<br /> three groundwater monitoring wells along the east property line of the northern portion of the
<br /> AT&T Corp. property in the general area depicted on the Site Plan which accompanies the Scope
<br /> of Work. The proposed well locations are being finalized by the Central Valley Water Board
<br /> and are subject to AT&T Corp. final review and approval of the final locations of the monitoring
<br /> well clusters.
<br /> (c) In performing the Work, the Central Valley Water Board, its employees,
<br /> agents, and contractors shall avoid any interference with or disturbance of any underground
<br /> cabling and/or other underground utilities or structures on the Property. AT&T Corp.'s review
<br /> of the Work description, Site Plan, or the presence of an AT&T Corp. representative during the
<br /> Work or any representation by AT&T Corp. before or after the execution of this Agreement shall
<br /> not relieve the Central Valley Water Board, its employees, agents, and contractors of their
<br /> responsibilities under this paragraph.
<br /> 2
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