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groundwater impacted by COC. Failure to give notice, however, is not a violation <br /> or breach of this Agreement. The removal or disposal shall be based upon the site <br /> investigation (which may be modified by field conditions during excavation), <br /> which Indemnitor may review or may perform, if requested to do so by the City. <br /> If practicable, as determined by the City, the City may request Indemnitor to <br /> remove and dispose of the contaminated soil and/or groundwater necessary for the <br /> City's work in advance of that work. In any event, Indemnitor shall reimburse the <br /> reasonable costs incurred by the City to perform the site investigation and to <br /> transport and dispose of any contaminated soil or groundwater, which costs shall <br /> be reasonably documented. The parties understand and agree that the City's soil <br /> and groundwater removal will be in conjunction and/or associated with other work <br /> being done by the City in, on, under or near the Indemnitor's Property, and part of <br /> the purpose of this paragraph is that if City Affiliate encounters COC-impacted soil <br /> and/or groundwater while working on its utilities, or on a municipal project or <br /> otherwise, it will not be responsible in any way for the cost associated with <br /> encountering, removing and/or disposing of soil and/or groundwater with COC <br /> contamination. In addition, it is specifically understood and agreed between the <br /> parties that the City Affiliate will not be identified at any time, in any place, <br /> document or manifest as the owner, generator or transporter of contaminated soil <br /> or groundwater removed from the ROW. If asked, Indemnitor will cooperate with <br /> the City Affiliate in the removal and disposal of soil and groundwater impacted by <br /> CDCs and will sign all necessary documents and manifests for the proper <br /> transportation and disposal of the soil and/or groundwater. <br /> 6. Any notice required or permitted to be given to either party shall be deemed to be <br /> received by such party (i) three (3) days after deposit in the United States <br /> Registered or Certified Mail, Return Receipt Requested, or (ii) one (1) business <br /> day after deposit with a nationally recognized overnight delivery service <br /> guaranteeing next business day delivery,or(ill)upon personal delivery to the party <br /> to whom addressed provided that a receipt of such delivery is obtained, or(iv) on <br /> the same business day as transmitted and confirmed by telecopy provided that a <br /> confirmation copy is concurrently deposited in United States Certified or <br /> Registered Mail,Return Receipt Requested. Such notices shall be addressed to the <br /> parties at the following addresses <br /> 3 <br />