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WHEREAS, Woodard and Whitman desire to remove the UST <br /> from the Property in accordance 'with pertinent UST laws and <br /> regulations; and <br /> WHEREAS, Woodard and Whitman, on the one hand, and <br /> i <br /> Kilpatrick's, on the other hand, have engaged in a dispute <br /> concerning the UST, in that Woodard and Whitman contend they were <br /> ignorant of the presence of the UST on the Property, at the time <br /> they purchased same and further contend Kilpatrick' s should bear <br /> responsibility for the payment of the above-referenced fees and <br /> for the expense of the above-referenced removal of the UST, while <br /> Kilpatrick'.s denies each of such contentions (herein the <br /> "Disputes") ; and j <br /> e <br /> WHEREAS, in order toravoid protracted and costly <br /> litigation with respect to such Disputes, Woodard and Whitman have <br /> agreed to settle and compromise such Disputes with Kilpatrick's as <br /> follows: <br /> 1.. Kilpatrick's shall pay all permit fees due for the <br /> UST for any years prior to 1988, shall contract with a contractor <br /> of Kilpatrick's choice for the- UST removal, and shall pay the <br /> contractor's charge. for the UST removal. (with the understanding <br /> that Woodard and Whitman will reimburse Kilpatrick's for one-half . <br /> of such charge, up to a maximum reimbursement of $3 ,A00) ; <br /> provided, however; that Woodard and Whitman understand and . <br /> -2- <br /> t <br />