6.C.(6) - Laserfiche WebLink

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During any environmental remediation, the Parties shall work together and take reasonable steps not to disrupt the businesses of the existing tenants in the Ivy Tower Building, 8, Exposure Controls, Union Station acknowledges that in the Board's performance of any remediation required under this Agreement, the Board may propose applying corrective action standards (including, without limitation, risk -based corrective action standards) and /or the use of exposure controls, which are predicated on the assumptions that (i) the Property will be used for commercial /industrial purposes, unless the Board has remediated the Property to residential standards as provided for in Paragraph 7 herein, at which point the exposure controls will reflect residential use; and (ii) no water wells used to supply water for human consumption, farming or irrigation will be installed or used on the Property. Subject to the foregoing, Union Station acknowledges and agrees to accept any such real property covenants, restrictions or environmental notices that are required or permitted by IDEM or any other applicable governmental authority as part of a particular remediation plan to address Hazardous Materials contamination (collectively, a "Restrictive Covenant "). The parties agree that such Restrictive Covenant shall be set forth in an appropriate instrument approved by IDEM or other applicable government authority to be recorded in the public records as part of any remediation plan that the Board formally proposes to address Hazardous Materials at the Property. 9. Access. Union Station shall cooperate in allowing the Board and its agents and contractors access to and use of the Property at all reasonable times to enable the Board and its agents and contractors to obtain reasonable and necessary soil and groundwater data and to fully implement any remediation the Board is required to perform under this Agreement. This license to access the Property shall continue for as long as is necessary to complete the remediation. The Board will provide Union Station with reasonable prior notice of its access to the Property. Union Station will take due care to ensure that its agents, employees, and invitees are aware of the location of the monitoring wells in order to avoid damage thereto and potential exacerbation of any Hazardous Materials. 10. Samplina and Tests by Union Station. Union Station agrees that it shall not, directly or indirectly, either itself or through its agents, employees or contractors, conduct, order, or permit any sampling, tests or inspections of any kind relating to the possible presence of Hazardous Materials contamination of any soil, water, aquifer or other environmental media in, on, or under, or in the vicinity of the Property during the term of the Indemnification unless required to do so by law. This paragraph notwithstanding, Union Station may permit inspections in an emergency, but must notify the Board immediately after such inspection. If Union Station desires that any sampling, testing, or inspections not required by law be performed on or under the Property, Union Station shall notify the Board in writing of such desire and the basis for its request. The Board may thereafter, in its reasonable sole discretion, determine whether and how to (i) permit Union Station to perform such sampling, testing or inspections; or (ii) conduct any sampling, testing or inspections, using such environmental consultants of the Board's choice, and provide split samples for independent analysis at Union Station's expense. 11. Waiver of Board Defenses Based on Union Station Knowledge of Environmental Defects at the Property. The Board expressly waives any legal defenses, either in law or equity, 0