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,, � -, <br /> _ ; • <br /> , . <br /> r . <br /> ,, B. Portions of the City Prope:ry, the Sports Foundation Property, and the <br /> Zexel Property,and the groundwater lying thereunder, may be contaminated with substances <br /> reguIated under applicable environmental laws. <br /> C. Z�xel and Borg-Warner have entered into that certain Site Participation <br /> Agreement - Zexel USA Corporation Site dated December 13, 1993, with respect to the <br /> sharing of certain costs and expenses concerning the investigation and remediation of <br /> contamination located in the Zexel. Property, but excluding that portion oi the Zexel <br /> Property designated therein as the "Carveout Area." The Carveout Area is contiguous to <br /> the City Property and the Sports Foundarion Property and is shown on Attachment A <br /> hereto. <br /> D. In order to avoid litigation at this time,the Parties have agre�d to share <br /> the costs of a Remedial InvestigationlFeasibility Study ("RI1FS") and Sourcr Investigation <br /> ("SI"} of contamination associated with the Carveout Area and the City Property upon the <br /> terms and conditions set forth in this Agreement 'I"ne Parties recoQnize that the <br /> investigation may e�end beyond the boundaries of the Carveout Area and the City Property <br /> to areas where the contamination may have migrated including, but not linited to, the <br /> Sports Foundation Property. <br /> E. This A�esment conc�rns the sharing of costs for wors performed in <br /> connection with the RI/FS and the SI on the Carveout Area and the City Property, and <br /> does not address sharing of costs or any Party's liability for remedial action for <br /> contamination associated with the Carveout Area or the City Property. <br /> 2 <br />