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TERMINATION AGREEMENT <br /> Decatur,Illinois <br /> This AGREEMENT TO TERMINATE the Site Participation Agreement (the <br /> "Termination Agreement") as it applies to the Carveout Area is made and entered into effective , <br /> September_, 2003 by and among MUELLER CO. ("Mueller"), BORGWARNER INC. <br /> (`BorgWarner"), ZEXEL TOR�EN, INC ("Zexel"), and the CITY OF DECATUR, ILLINOIS <br /> (the "City"). (Collectively, the "Parties", and individually, the "Party".) <br /> RECITALS <br /> A. The Parties made and entered into a certain Site Participation Agreement as of May <br /> 12, 1995 with respect to the sharing of costs and expenses of the investigation of possible <br /> contamination associated with two parcels of property located in Decatur, Illinois, the Carveout <br /> Area and the City Property. <br /> B. The Parties made and entered into a certain Amendment to Site Participation <br /> Agreement dated May 1, 1998, ("Amendment") wherein the Parties agreed to share costs relating <br /> to developing clean up objectives for the Carveout Area and the City Property, and the potential <br /> rerrbval of contaminant source areas at the Carveout Area and the City Property. (The Site <br /> Participation Agreement and the Amendment collectively are hereafter referred to as the "Site <br /> Participation Agreement.") <br /> C. The Parties have agreed that all actions contemplated under the Site Participation <br /> Agreement with respect to the Carveout Area have been completed to the satisfaction of the <br /> Parties, including final payment of costs associated with those actions. <br /> D. With respect to the Carveout Area, the Parties desire to forgo the final allocation <br /> procedure set out in Article 8 of the Site Participation Agreement, because all costs contemplated <br /> by that agreement and associated with the Carveout Area have been paid in full by the Parties. <br />