Laserfiche WebLink
r <br /> c. This Agreement shali be nuil and void should the IEPA not approve it or <br /> should it not be referenced in the "No Further Remediation" letter. <br /> 5. The City promises the IEPA and the Owner/Operator that it will prohibit the use of <br /> groundwater that is contaminated from the release at the Site at levels above Tier 1 <br /> remediation objectives beneath its Right-of-Way as a potable or other domestic supply <br /> of water and will limit access to soil as described herein under the Right-of-Way that is <br /> contaminated from the release at the Site at levels above Tier 1 remediation objectives. <br /> As the pavement in the Right-of-Way may be considered an engineered barrier, the <br /> Owner/Operator agrees to reimburse the City for maintenance activities requested by <br /> Owner/Operator in writing in order to maintain it as a barrier. Except for ordinary <br /> maintenance consistent with that performed by the City on other City highways, the City <br /> does not agree to perform maintenance of the Right-of-Way, nor does it agree that the <br /> Right-of-Way will always remain a City highway or that it will maintain the Right-of-Way <br /> as an engineered barrier. <br /> 6. Provided that the City provides Owner/Operator with notice within thirty(30)working <br /> days of receiving a claim, and further provides Owner/Operator with an opportunity to <br /> defend said claim, the Owner/Operator agrees to indemnify and hold harmless the City, <br /> . and other highway authorities, if any, maintaining the highway Right-of-Way by an <br /> agreement with the City, and the City's agents, contractors or employees for all <br /> obligations asserted against or costs incurred by them, including attorney's fees and <br /> court costs, associated with the release of Contaminants from the Site by the <br /> Owner/Operator. <br /> 7. As an additional consideration, Owner/Operator agrees to reimburse the City for the <br /> reasonable costs it has incurred in protecting human health and the environment, <br /> including, but not limited to, identifying, investigating, handling, storing and disposing of <br />