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FT <br /> z' � <br /> ACCESS AGREEMENT <br /> This Access Agreement ("Access Agreement") is entered into on this 2- day of 111"�@ <br /> 2021 (the"Execution Date"),by and between Nest16 USA,Inc.,a Delaware corporation <br /> and Ripon Unified School District(the"School District"). <br /> RECITALS <br /> hereof.The following recitals are hereby incorporated into this agreement and made a part <br /> WHEREAS, the School District owns the real property located at 304 North Acacia <br /> Avenue in the City of Ripon, California(the"Pro a "); and <br /> WHEREAS, NUSA is conducting certain work which includes, without limitation, <br /> investigation, monitoring, and remediation in the vicinity of the Property under the oversight of <br /> the Regional Water Quality Control Board (the "Regional Board") and work related thereto (the <br /> "Work");and <br /> WHEREAS, the parties agree that the Work will benefit the School District, NUSA, and <br /> other owners of property in the vicinity of the Property and the School District desires to have the <br /> Work occur; and <br /> WHEREAS, the Work includes all activities associated with the design, construction and <br /> operation of a Groundwater Remediation System. The final design of the Groundwater <br /> Remediation System is subject to approval by the School District, Regional Board and other <br /> agencies, but is currently planned to include: <br /> L Use of existing irrigation well RPS-1, shown on Exhibit A, for groundwater <br /> extraction, <br /> 2. Conveyance of extracted groundwater from RPS-1 to a groundwater treatment plant <br /> to be constructed and operated by NUSA at the northern end of the Property, <br /> 3. Installation of two injection wells at the approximate locations shown as IW-1 and <br /> IW-2 on Exhibit A near the northern boundary of the Property, <br /> 4. Conveyance of treated groundwater from the treatment plant to the injection wells, <br /> and <br /> 5. Conveyance of treated groundwater to existing irrigation infrastructure for re-use <br /> of treated water for irrigation of Property grounds on an as-needed basis. <br /> 6. A construction phase of 60 days or longer, depending on phasing of work, <br /> 1 <br />