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3500 - Local Oversight Program
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PR0545859
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Entry Properties
Last modified
6/3/2020 5:14:41 PM
Creation date
8/15/2019 11:31:28 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
3500 - Local Oversight Program
File Section
WORK PLANS
RECORD_ID
PR0545859
PE
3528
FACILITY_ID
FA0003831
FACILITY_NAME
WATERLOO FOODMART
STREET_NUMBER
4315
Direction
E
STREET_NAME
WATERLOO
STREET_TYPE
RD
City
STOCKTON
Zip
95215-2305
APN
08710034
CURRENT_STATUS
02
SITE_LOCATION
4315 E WATERLOO RD
P_LOCATION
99
P_DISTRICT
004
QC Status
Approved
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federal government to fund or reimburse cleanups, assessments, remediations, or satisfaction <br /> of claims at UST System sites and that any moneys obtained from said fund shall belong solely <br /> to Equilon. <br /> 13. DISPUTE RESOLUTION. The Parties agree that should any dispute arise under <br /> this Agreement which cannot be amicably resolved, the dispute shall be submitted to mediation <br /> prior to being submitted to Arbitration under the rules and procedures of the American <br /> Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be <br /> entered in any court having jurisdiction thereof. Any mediator or arbitrator selected by the <br /> parties shall be knowledgeable in environmental law and/or remediation technologies. <br /> 14. EXECUTION OF AGREEMENT. Each of the undersigned hereby represents <br /> and warrants that it is authorized to execute this Agreement on behalf of the respective Party to <br /> tie Agreement and that this Agreement,when executed by those Parties, shall become a valid <br /> and binding obligation, enforceable in accordance with its terms. Owner/Tenant represent(s) <br /> and warrant(s) that Wthey istare the OwnerrTenant of the Property or that it/they has/have full <br /> lawful authority to grant access to the Property for the purposes described herein. <br /> 15. ASSIGNMENT, SUCCESSOR AND ASSIGNS. In the event Owner's I Tenant's <br /> interests in the Property are conveyed, transferred or in any way assigned in whole or in part to <br /> sny other person or entity,whether by contract,operation of law or otherwise,Ownerlrenant shall <br /> Like any and all reasonable actions to render any such conveyance, transfer or assignment <br /> subject to the terms of this Agreement and shall provide notice thereof to Equilon.This Agreement <br /> shall be assignable by Owner/renant or by operation of law only with the prior written consent of <br /> Equilon, which consent may be withheld by Equilon for any reason whatsoever. Owner/Tenant <br /> hereby assign(s) to Equilon any and all claims, causes of action and suits It/they. may have <br /> against any third party who may have financial responsibility for any environmental response <br /> costs or other damages at the Property including but not limited to any rights to recover any <br /> insurance policy that may name Owner/Tenant as a beneficiary or against which Owner/Tenant <br /> may have a right of recovery. Owner/Tenant agree(s)to cooperate with Equilon in determining <br /> whether such claims exist. <br /> 16. NOTICE. Any notice, consent, request, report, demand, or other document <br /> inquired to be given to one Party by the other shall be in writing and be delivered to or mailed to <br /> the receiving Party at its address, referenced on page 1 above. Facsimile copies shall be <br /> s;ifficient. <br /> 17. MODIFICATIONS. This Agreement contains the entire understanding of the <br /> Parties. Any change. amendment, or alteration must be in writing and signed by both Parties to <br /> this Agreement to be effective. This Agreement supersedes all prior discussions and <br /> agreements between the Parties with respect to the subject.matter hereof and thereof. <br /> 18. NO ADMISSIONS. Nothing contained in this Agreement shall be construed as <br /> an admission of any fact or liability of any Party to this Agreement. <br /> 19. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED IN ALL <br /> RESPECTS BY THE LAWS OF THE STATE IN WHICH THE CORRECTIVE ACTION IS <br /> PERFORMED WITHOUT REGARD TO THE CONFLICT OF LAWS PRINCIPLES THEREOF. <br /> i <br />
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