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Agreement as a Highway Authority Agreement and the City has not cured the <br /> violation within such time as IEPA has granted to cure violation. <br /> 10. This Agreement shall continue in effect from the date of this Agreement until the <br /> Right-of-Way is demonstrated to be suitable for unrestricted use and there is no longer a <br /> need for this Agreement as a Highway Authority Agreement, and the IEPA has, upon <br /> written request to the IEPA by the Owner/Operator and notice to the City, <br /> amended the notice in the chain of title of the Site to reflect unencumbered future use of <br /> the highway Right-of-Way. <br /> 1 l. Removed. � <br /> 12. This Agreement does not limit the City's ability to construct, reconstruct, <br /> improve, repair, maintain, and operate a highway upon its property or to allow others to <br /> use the highway Right-of-Way by permit. To that extent,the City reserves the right and <br /> the right of those using its property under permit to remove contaminated soil <br /> or groundwater above Tier 1 residential remediation objectives from its Right-of-Way and <br /> to dispose of them as they deem appropriate not inconsistent with applicable <br /> environmental regulations so as to avoid causing a further release of the Contaminants <br /> and to protect human health and the environment. � <br /> Prior to taking any such action,the City will first give Owner/Operator written I'� <br /> notice, unless there is an immediate threat to the health or safety to any individual or to <br /> the public, that it intends to perform a site investigation in the Right-of-Way and remove <br /> or dispose of contaminated soil or groundwater to the extent necessary for its work. <br /> Failure to give notice is not a violation of this Agreement. The removal or disposal shall <br /> be based upon the site investigation (which may be modified by fieid conditions during <br /> excavation), which Owner/Operator may review or may perform, if requested to do so by <br /> the City. If practicable, as determined by the City,the City may request Owner/Operator <br /> to remove and dispose of the contaminated soil and/or groundwater necessary for the <br />