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information about Contamination or its responsibilities pursuant to this Aareement. <br /> 9. Should the City breach this agreement,Company's sole remedy is an action to compel <br /> the City to comply with this agreement. Nothing contained herein shall limit the remedy of <br /> Company against a Permittee who acts in violation of the provisions of Section 7 above however <br />' Company agrees that if it brings an action against a Permittee for a violation, it shall appear, defend <br /> and indemnify the City from any claim brought against it by the Permittee. Should the City convey, <br /> vacate or transfer jurisdiction of the Highway or its Right-of-`Vay, Company may also pursue any <br /> action under this A�eement against a successor in interest in a court of competent jurisdiction. <br /> 10. This Agreement shall continue in effect from the date hereof until Contaminant <br /> concentrations in the soil or �roundwater are subsequently reduced through active remediation or <br /> natural attenuation until the IEPA has,upon written request to the IEPA by the Company and notice <br /> to the City, amended its NFR letter to remove the requirement that the Hi�hway remain as an <br /> Engineered Bamer. <br /> 11. Nothing contained in this Agreement shall be construed as an admission by Company <br /> that any Contamination which is present in,on or under the Highway or its Right-of-Way emanated <br /> from the Premises and nothing contained in this Agreement shall be construed as limiting any right <br /> of action Company has or may have against any third party with respect to Contamination. <br /> 12. Nothing contained in this Agreement shall be construed as requiring the City to I <br /> maintain the Highway or'its Right-of-Way as an Engineered Barrier. �� <br /> 13. In the event Company is in violation of this Agreement,the City shall give Company <br /> thirty(30)days advance notice of the alleged violation and an opportunity to cure any such violation. <br /> Any notice of violation by the City shall reasonably identify the alleged violation and shall <br /> reasonably inform Company of what steps it must take to rectify the violation. In the event Company <br /> fails to cure any identified violation within the time established, the City may void this Agreement. <br /> 14. This Agreement constitutes the entire Agreement by and between the parties hereto <br /> and shall be binding upon all successors in interest of Company and the City. This Agreement is in <br /> settlement of claims, which the City has or may have had arising from Contamination whether <br /> 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 under <br /> its rights and obligations as property owner. Should any provision of this Agreement be determined <br /> to be void and beyond the power of the City, that provision shall be null and void. <br /> 4 <br />