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WHEREAS, the Parties desire to investigateand, if necessary, perform UST <br /> abandonment, removal and/or remediation of petrol um hydrocarbons to bring the <br /> Property into compliance with applicable law; <br /> WHEREAS, Licensor is willing to purchase the Property with full knowledge of <br /> the presence of actual or potential subsurface petrol um hydrocarbons. <br /> NOW, THEREFORE, in consideration of the sale of the Property from Equilon j <br /> to Licensor, and the mutual promises and considerations stated herein the Parties agree <br /> as follows: <br /> 1. Grant of License. Licensor hereby grants a nonexclusive irrevocable license <br /> from the date of this Agreement to Equilon, i s employees, authorized agents and <br /> contractors to enter the Property to perform all monitoring well installations, <br /> tests, inspections, borings, engineering studies, surveys, appraisals, <br /> environmental studies, remediation operation and/or other activities hereinafter <br /> referred to as "Corrective Action" that Equilc n deems necessary to comply with <br /> all applicable federal, state and local statutes regulations, ordinances directives, <br /> orders and standards for removal of USTs and Corrective Action related to USTs. <br /> If Licensor fails to provide reasonable access to Equilon, or Licensor <br /> unreasonably interferes with Equilon's activities on the Property, such failure <br /> shall constitute waiver of any right, claim or cause of action Licensor may have <br /> against Equilon, to perform or continue Corrective Action on the Property. Such <br /> waiver shall not constitute the sole remedy for breach of this provision which <br /> remedies may include without limitation, consequential damages. <br /> 2. Environmental Investigation and Remediation. For as long as this Agreement <br /> remains in effect, Equilon, at its sole expense agrees to conduct any necessary <br /> Corrective Action at the Property in accordance with all applicable federal, state <br /> and local statutes, regulations, ordinances and standards; however, Licensor <br /> agrees Equilon is under no obligation to Licensor to remedy or respond to any <br /> environmental liability or condition on the Property that cannot be attributed <br /> solely to the alleged ownership or operation of the USTs by Equilon on the <br /> Property. <br /> 3. Regulations. Licensor hereby agrees to com ly with all existing and future <br /> applicable laws and regulations pertaining to underground storage tanks, <br /> including but not limited to liability and insurance requirements, inventory <br /> records, leak detection devices, system inspections, tank and line tests and tank <br /> field monitoring well tests. Licensor further agrees to copy Equilon, within <br /> fifteen (15) days of the date request is made by Equilon, with any records <br /> pertaining to the above. Further, upon written request by Equilon, Licensor shall <br /> make available all records required by applicable laws for review by Equilon at <br /> the Property during normal business hours. <br /> 4. Termination. Upon the completion of the C rrective Action, Equilon shall <br /> provide notice and appropriate documentation to the relevant government <br /> I <br />