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. , i , <br /> � � , <br /> - . <br /> , Work on the Carveout Area and the City Property and to obtain a release from any such <br /> obligations or liabilities. <br /> ARTICLE 3: PAST COSTS <br /> 3.1 Boelter,under contract with Borg-W�rner,has performed a preii.minary <br /> environmental assessment of the Carveout Area, the City Property and portions of the <br /> Sports Foundation Property and has overseen the performance by subcontractors of certain <br /> „ „ � <br /> removal actions. Ze�el has contrac:ed with Gera & Miller, Inc. G&i1�i' to conduct <br /> �tY ( ) <br /> limited invesrigative activities an the Carveout Area and to review certain of the work <br /> performed by Boelter or under Boelter's supervision with respect to the Canreout Area An <br /> accounting of the costs incurred by Bor�-Warner and Z�xel with respec� to environmental <br /> investigations and related activities on the Carveout Area, City Property and Sports <br /> Foundation Properiy has been provided to the Parties. The Parties agre� that costs and <br /> e�enses in the amount oi$ incurred by Zexel and$ incurred by Borg-Warner <br /> throu,Qh the date of this A�reement shall be considered Carveout Area Past Costs. The <br /> Parties agree that costs and expenses in the amount of$ incurred by Borg-Warner <br /> and the City related to work associated with the elim.inarion of the Outfall �02 discharge <br /> and costs and expenses in the amount of$ incurred by Borg-Warner related to the <br /> work associated with the City Property, through the date oi this Agreement, shall be <br /> considered City Property Past Costs. <br /> 6 <br />