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AMENDMENT TO ACCESS AND INDEMNITY AGREEMENT <br /> THIS AMENDMENT TO ACCESS and INDEMNITY AGREEMENT ("Amendment") <br /> is entered into as of this day of April 2013 by and between The City of New Brighton, a <br /> Minnesota municipal corporation with a mailing address of 803 Old Highway 8 NW, New <br /> Brighton, MN 55112 ("Grantor"), and Ashland Inc., a Kentucky corporation with a mailing <br /> address of 5200 Blazer Parkway, Dublin, OH 43017 ("Grantee"). <br /> WITNESSETH: <br /> WHEREAS, Grantor and Grantee are parties to that certain Access and Indemnity <br /> Agreement with an Effective Date of September 27, 2011 (the "Access Agreement") by which <br /> Grantor gave Grantee access to certain Property located in the City of New Brighton, Ramsey <br /> County, to perform certain Work, all as defined in the Access Agreement; <br /> WHEREAS, Paragraph 3 of the Access Agreement provides that the Access Agreement <br /> is to terminate on the two-year anniversary of the Effective Date or if earlier, the date when the <br /> Work and all restoration of the Property was complete; <br /> WHEREAS, Paragraph 3 of the Access Agreement also provides that the term of the <br /> Access Agreement may be extended upon reasonable terms if the Work was not complete; and <br /> WHEREAS, the Grantee has not completed the groundwater monitoring that is required <br /> as part of the Work and has requested that Grantor extend the term of the Access Agreement for <br /> the sole purpose of completing the groundwater monitoring that is required by the MPCA as part <br /> of the Work; <br /> NOW, THEREFORE, in consideration of the mutual covenants, obligations and <br /> promises contained in this Agreement, and other good and valuable consideration, the receipt <br /> and sufficiency of which is hereby acknowledged, the parties agree as follows: <br /> 1. Recitals. The above recitals are true and correct and made a part hereof. <br /> 2. Term. The term of the Access Agreement is hereby extended and shall expire on <br /> September 26, 2015, or, if earlier,the completion date of the Work and all restoration work as set <br /> forth in Paragraph 5 of the Access Agreement, including without limitation properly sealing and <br /> abandoning all wells in compliance with applicable law. <br /> 3. Monitoring Well Locations. Grantor hereby consents to placement of up to <br /> groundwater monitoring wells at the Property at or near the locations shown on the attached <br /> Exhibit A. If Grantee wishes to add additional well locations or determines that one or more of <br /> 1 <br />