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11.In further consideration for the approval of this Agreement by the City, David A. Nufer, <br />LLC, or shall cause its contractor, to provide the City with an annual fact sheet summarizing the testing <br />performed and the resulting findings including, but not limited to, a listing of contaminates of concern, <br />the extent of such contaminates and the direction of any contamination that is determined to be <br />migrating to or away from the testing area. Such annual summary shall be submitted on or before <br />December 1st of each year during the term of this Agreement and delivered to the Director of Public <br />Works, 227 West Jefferson, 13th Floor, County-City Building, South Bend, Indiana 46601. Further, David <br />A. Nufer, LLC agrees that, upon the request of the City, it shall make available to the City the results of <br />any other testing at the Site . Such access shall be granted at a reasonable place and time. <br />12.It is also agreed that David A. Nufer, LLC shall, or its Contractor, D&T Drilling Co., on its <br />behalf, shall apply to the City’s Engineering Division for an excavation permit and shall pay the <br />appropriate fee for said permit. <br />13.This Agreement shall be governed by the laws of the State of Indiana. <br />[Signatures on following page]