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r) 3. Baseline Data. For purposes of this Declaration, only Contamination within the Contamination concentration levels (the "Contamination Levels") and the Contamination areas i (the "Contamination Areas") comprising the Baseline Data will be considered Pre -Closing i� Contamination. The term "Contamination" means ha ardous materials present, including but n not limited to MTBE, and volatile organic compoundsinthe soil or groundwater. The term "Baseline Data" means the Contamination Levels and Contamination Areas disclosed in any ;. reports dated within the first six months after Escrow loses, prepared by SECOR on behalf of ARCO with respect to the Real Estate. 4. Co 4.1 Notice of Owner's„ Improvement Plans. During any period in which the Access Right is in effect (the "Access Period"), Owner shall provide ARCO with information regarding Owner's plans for improving the Real EStatE.1, to enable ARCO to assure that Owner's planned improvements will not interfere with the Access Right or adversely affect the Corrective Action. 4.2 Construction Restriction. Until the earlier of (i) the expiration of 25 years after the Effective Date or (ii) 90 days after ARCO receives the No Further Action Letter, Owner I� shall not construct or install any improvement intended to be used for the transport, storage, sale or handling of petroleum products on or under any Restricted Area. 4.3 Unde " For a period of 25 years after the Effective Date, Owr '4 storage tank for petroleum hydrocarbons on or under or treat petroleum hydrocarbons on or under any Res means each area shown on the attached Exhibit "B" ( ' "Restricted Area" or (ii) with a label that includes the v 4.4 Certain Permitted Work. The p not be considered to prohibit Owner from (i) performir groundwater under any Restricted Area that is contan extent required by the Agency, or (ii) removing or repl tank or any gasoline lines located under any Restricts work in compliance with all applicable governmental r r shall not (i) install any underground ny Restricted Area or (ii) otherwise store icted Area. The term "Restricted Area" "Depiction') with (i) the label Is "Restricted Area." wisions of Sections 4.1 through 4.4 will I any corrective action on soil or nated with a Hazardous Material, to the ting any underground gasoline storage Area. But Owner must perform this :tuirements. 5. Notices. Notices relating to this Declaration must be in writing and sent to the addresses set forth below. But a party may change its address for notices by giving notice as required by this Section 5. A written notice will be co sidered given (i) when personally delivered, (ii) two business days after deposit in the U ited States Mail as first class mail, 3 Q:lreladminljoseph\drafts104493\Dec1-7.Doc 06/08/99 3:11 AM 2> q cf66 �