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ACCESS AGREEMENT <br /> SOIL AND GROUND WATER INVESTIGATION <br /> 324 NORTH HUNTER STREET, STOCKTON CA 95202-2334 <br /> (APN: 139-140-17) <br /> Enterprise Rent-A-Car Company of Sacramento, LLC, a Delaware limited liability <br /> company as successor in interest to Enterprise Rent-A-Car Company of Sacramento, a <br /> Nevada corporation ("Owner") of the Property (defined below) does hereby grant limited <br /> permission to FREY Environmental, Inc. ("FREY") on behalf of the responsible parry, Mr. <br /> Juan Ruvalcaba ("Responsible Party"), to advance two soil borings AND collect soil and <br /> ground water samples from the borings for chemical and geophysical analysis to depths <br /> of 100 feet below surface grade (bsg) at the property located at 324 NORTH HUNTER <br /> STREET, STOCKTON CA 95202-2334 (APN: 139-140-17) <br /> ("Property"). <br /> The site under investigation is located adjacent to the 135 East Miner Avenue location on <br /> parcel APN: 139-080-10. The investigation is being performed under the directive of the <br /> California Regional Water Quality Control Board — Central Valley Region. The scope of <br /> work will include the following ("Work"): <br /> Advancement of two vertical soil borings to depths of 100 feet bsg. <br /> Selected soil samples will be collected from the borings. <br /> Collection of grab ground water from soil borings. <br /> Analysis of all water and selected soil samples. <br /> The surface will be returned to the original condition upon completion of work. <br /> In connection with such Work and access to the Property, FREY hereby agrees as follows: <br /> The Work shall be performed in a commercially reasonable and workmanlike manner and <br /> appurtenances maintained in good condition and repair. FREY will exercise its rights and <br /> perform its Work under this Agreement using that degree of care and skill ordinarily <br /> exercised by appropriately trained and skilled persons performing similar services under <br /> similar conditions in the same locality as the Property and FREY shall take safety <br /> precautions required by federal, state and local laws, rules, regulations, statutes or <br /> ordinances or dictated by best practices in FREY's industry. All Work shall be in <br /> compliance with all applicable laws, regulations and orders of any governmental agency <br /> with jurisdiction over the Work. FREY will be responsible for the removal, treatment and/or <br /> disposal of any contaminated soil or water associated with the installation and sampling <br /> and Owner at no time will become a "generator"of such. FREY will be solely responsible <br /> for the performance of this Agreement, and Owner or its parent, subsidiary or affiliated <br /> company, or any of its directors, officers, managers, employees, or agents shall have any <br /> legal responsibility for the services hereunder, whether in contract or tort, including <br /> negligence <br /> All expenses for the Work including, but not limited to, lab analyses or other testing <br /> associated therewith performed at the Property (324 NORTH HUNTER STREET, <br /> STOCKTON CA 95202-2334 (APN: 139-140-17)) shall not be the responsibility of Owner <br /> and shall be paid by FREY or the Responsible Parry (Mr. Juan Ruvalcaba), and shall be <br />