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DocuSign Envelope ID:08557A62-FBC8-4D46-BFAC-02E04A1 D8395 E. Based on the results of the additional soil sampling in 2019, DTSC recently approved a Step-Out Borings Sampling Plan for additional sampling at the Property,which is attached to this Amended Agreement as Attachment A (the "Additional Work"). F. Permitter is willing to grant Permittees access to the Property to perform the Additional Work on the following terms and conditions, and the Parties have agreed to amend their Environmental Access Agreement for Additional Soil Sampling dated September 30,2019 as follows. AMENDED AGREEMENT NOW THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged,Permittor and Permittees agree as follows: 1. Amended Scope of Work and Limited Grant of Access for Additional Work. (a) Permittor grants Permittees and their representatives a nontransferable and non-exclusive license to access the Property to perform the Additional Work subject to the terms and conditions set forth in this Amended Agreement. In the event Diamond concludes based on the results of the Additional Work described in Attachment A that further sampling is needed prior to the commencement of excavation work under the RAW and DTSC approves a proposal for such further sampling, Diamond may submit the proposal to Colberg with a written request that the further sampling be added to the definition of Additional Work subject to the provisions of this Amended Agreement and for an extension of the term under Paragraph 1(b) as needed. Any such proposal for Additional Work must be provided to and approved by Permitter prior to submission to DTSC. Permittor's approval shall not be unreasonably delayed or withheld. DTSC must also approve the proposal for Additional Work prior to implementation. If DTSC Page 2 of 2 LEGAL02/39534804v2