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1.1 Grant of Access Right. After th € (the "Effective Date"), ARCO and ARCO's representa enter on the Real Estate in order to assess, monitor, include natural attenuation) on any Pre -Closing Conn 'i Agency for gasoline station use (the "Corrective Actic Contamination" means hazardous material as define( soil or groundwater on or before ARCO gasoline stati Estate by ARCO and its affiliates before the Effective environmental regulatory agency that has jurisdiction the soil or groundwater occurring on or about the Rei t� oral or written notice of its exercise of this right to ent Access Right, ARCO shall attempt to minimize, to the ii interference with the operation of the business on the emergency, as determined by ARCO. In conducting �^ shall attempt to minimize, to the extent reasonably p( Corrective Action. ARCO will have reasonable discre schedule, technique, method, and design; and ARCO it the Agency. Owner shall cooperate with ARCO in of Action. The Access Right includes, without limitation i groundwater investigations, (ii) the right to install, ope I' remove equipment (including piping and wells) for the have service trucks on the Real Estate. As part of ar 1l and remove portions of the asphalt and concrete. BL concrete that it removes with comparable asphalt an( pay any rent or other compensation to Owner for the Estate occupied by the equipment used in performinc Corrective Action shall not unreasonably interfere wii appearance of the site. 1.2 11 terminate 90 days after ARCO receives a letter issue certain assumptions and conditions, the Agency will 1 Corrective Action with respect to the Real Estate (the the Agency issues the No Further Action Letter, the E Corrective Action, the Access Right will resume until Further Action Letter for the further Corrective Action terminate 25 years after the Effective Date. n date of -recordation of this Declaration Ives will have the reasonable right to ind perform corrective action (which may mination, to the extent required by the YT The term "Pre -Closing in the sales addendum re€eased'into the )n operations conducted on the Real Date. The term Agency" means the ever a release of hazardous materials into Estate. ARCO shall give Owner prior �r (the "Access Right"). In exercising the extent reasonably possible, any Real Estate, except in the: case of an :s operations on the Real Estate, Owner ssible, any interference with the :ion to determine the Corrective Action may contest and appeal any decision of aining Agency approval for any Corrective (i) the right to perform soil and -ate, monitor, maintain, repair, close, and Corrective Action, and (iii) the right to equipment installation, ARCO may cut ARCO shall patch any asphalt and concrete. ARCO will not be required to access Right or the portion of the Real the Corrective Action. Anyndemnity the use of the property or impair the Access Right. The Access Right will I by the Agency stating that based on of require ARCO to perform any further "No Further Action Letter"). But if, after gency requires ARCO to perform further i0 days after ARCO receives a new No But, in all events, the Access Right will 2. Owner's Acceptance of Certain Identified Conditions on the Real Estate. Owner acknowledges that Pre -Closing Contamination is present on, under, or near the Real Estate. 2 Q:Ire\admin\Joseph\drafts\04493\Decl-7. Doc 06/08/99 8: 15 All i 1166l