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♦ ' <br /> `VHEREAS Company intends to request risk-based, site specific soil and/or groundwater <br /> remediation objectives from the Illinois Environmental Protection A�ency ("IEPA") under 35 I11. <br /> Admin. Code Part 742, and <br /> WHEREAS the City is willing to assist the Company in obtaining an NFR letter pursuant to <br /> the provisions of this Agreement, <br /> NOW THEREFORE in e�cchange of mutual promises and undertakings,the consideration of <br /> �vhich is here�vith acknowledged, it is agreed as follows: <br /> 1. The City hereby agrees that it will not require Company to remove or otherwise <br /> remediate Contamination in, on or under the Highway eYcept as set forth in this Agreement. <br /> 2. Under 35 Illinois Administrative Code 742.1020,this A�reement is intended to be an <br /> acceptable "Highway Authority Agreement" to IEPA. The City, therefore, promises IEPA and the <br /> Company that it will prohibit the use of groundwater that is contaminated from the release at the <br /> Premises at levels above Tier 1 remediation objectives beneath its Right-of-Way as a potable or other <br /> domestic supply of water and will limit access to soil as described herein under the Right-of-Way <br /> that is contaminated from the release at the Premises at levels above Tier 1 remediation objectives. <br /> 3. In the event the City does undertake any construction, reconstruction, repair, <br /> maintenance, or other activities in, on or under the Highway or its Right-of-Way ("Activity"), <br /> Company agrees to reimburse the City for the reasonable incremental costs incuned by the City in <br /> removing and/or disposing of any Contamination which is required to be removed as a result of its <br /> Activity ("Remediation"). Incremental Costs shall be those costs which are in excess of the usual <br /> and customary costs the City would have incurred which are specifically attributable to <br /> Contamination and/or Remediation. To the extent reasonably possible,prior to incurring any such <br /> Incremental <br /> Costs however the Cit shall attem t t �v <br /> , , y p o gi e Company at least sixty (60) days prior <br />, notice of its intended Activity and,unless there is an emergency or urgent requirement to undertake <br /> the Activity, Company shall have the first option to remove undertake Remediation of <br /> Contamination at its cost or expense. If Company elects not to undertake Remediation and the City <br /> undertakes such action, Company shall promptly reimburse the City the Incremental Cost difference. <br /> It shall not be a defense to a claim for reimbursement that the Remediation should not have been <br /> done but Company shall be able to dis ute the ex ense of the Remediation undertaken. <br /> P P <br /> 4. If the City has undertaken Remediation in, on or under the Highway adjacent to the <br /> Premises as a result of Contamination which emanated from the Premises prior to the execution of <br /> this Agreement, Company agrees to reimburse the City for the reasonable costs it has incurred in <br /> protecting human health and the environment, including, but not limited to, identifying, <br /> investigating,handling, storing and disposing of Contamination. All such costs shall be documented <br /> by the City and Company,as a condition of this Agreement,shall tender a check made payable to the <br /> 2 <br />