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pursue any action under this agreement against a successor in interest in a court of competent <br /> jurisdiction. <br /> 10. This Agreement shall continue in effect from the date hereof until Contaminant <br /> concentrations in soil or groundwater are subsequently reduced through active remediation or <br /> natural attenuation until the IEPA has, upon written request to the IEPA by the Owner and notice <br /> to the City, amended its NFR letter to remove the requirement that the Highway remain as an <br /> Engineered Barrier. <br /> 11. Nothing contained in this Agreement shall be construed as an admission by the <br /> Owner that any Contamination which is present in, on or under the Highway or its Right-of-Way <br /> emanated from the Premises and nothing contained in this Agreement shall be construed as <br /> limiting any right of action Owner has or may have against any third party with respect to <br /> Contamination. <br /> 12. Nothing contained in this agreement shall be construed as requiring the City to <br /> maintain the Highway or its Right-of-Way as an Engineered Barrier. <br /> 13. In the event Owner is in violation of this Agreement, the City shall give Owner <br /> thirty(30) days advance notice of the alleged violation and an opportunity to cure and such <br /> violation. Any notice of violation by the City shall reasonably identify the alleged violation and <br /> shall reasonably inform Owner of what steps it must take to rectify the violation. In the event <br /> Owner fails to cure any identified violation within the time established, the City may void this ' <br /> Agreement. <br /> 14. This Agreement constitutes the entire Agreement by and between the parties <br /> hereto and shall be binding upon all successors in interest of Owner and the City. The <br /> Agreement is in settlement of claims, which the City has or may have had arising from <br /> Contamination whether arising by statute or common law. <br /> 15. This Agreement is entered into by the City in recognition of laws passed by the <br /> Illinois General Assembly and regulations adopted by the Illinois Pollution Control Board which <br /> encourage TACO. This Agreement is entered into by the City in the spirit of those laws and <br /> under its rights and obligations as property owner. Should any provision of this Agreement be <br /> determined to be void and beyond the power of the City, that provision shall be null and void. <br /> 4 <br />