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available all records required by applicable laws for review by Equilon at the Property during <br /> normal business hours. <br /> 4, CONSTRUCTION ON PROPERTY. Ownerrrenant shall provide Equilon with <br /> written notification at least thirty (30) days in advance of the date on which Owner/Tenant <br /> plan(s) to begin excavation at the Property for development ("Development"). Equilon shall be <br /> responsible for costs and expenses associated with the disposal of contaminated soil and <br /> disposal or treatment of contaminated groundwater caused by the UST System on the Property <br /> and encountered during the Development, in accordance with the following guidelines and <br /> requirements: <br /> 4.1 Owner/Tenant's written notification to Equilon shall state the dates during which <br /> the construction work will be performed and contain detailed work plans; <br /> 4.2 During the thirty (30) day period following the notice from Owner/Tenant, the <br /> Parties will coordinate and cooperate with each other in planning the simultaneous performance <br /> of the Development and activities Equilon's at the Property in such a manner as to minimize <br /> cost and time for each Party, including agreeing upon the scope and schedule of the removal <br /> activities and the schedule of the transporters and trucks needed for disposal. Owner/Tenant <br /> shall not commence excavation activities on the Property until the expiration of the thirty (30) <br /> day notice period; <br /> 4.3 Owner/Tenant shall notify Equilon no later than forty-eight (48) hours in advance <br /> of excavation of any soils at the Property. For purposes of this sub-section, notification may be <br /> made by facsimile or electronic mail. Equilon will screen excavated soils for the presence of <br /> Substances using a Photo Ionization Detector ("PID"). Equilon will collect representative soil <br /> samples for analysis of Substances. Soil with Substances levels below the applicable State <br /> cleanup standard for commercial/industrial property use will be considered "clean." Soil <br /> determined to be "clean" shall be used by Owner/Tenant for back-filling or other Development <br /> purpose at the Property. Owner/Tenant shall, at its cost and expense, remove and properly <br /> dispose of any such clean soil if Owner/Tenant decide not to use such clean soil for back-filling <br /> or other Development purpose. Soil with levels of Substances above the applicable State <br /> cleanup standard for commercial/industrial property use will be considered "contaminated." <br /> Owner/Tenant, under the direction of Equilon, shall segregate contaminated soil from clean soil. <br /> Owner/Tenant shall place, at its sole cost and expense, contaminated soil in trucks provided by <br /> Equilon. Equilon shall, at its sole cost and expense, transport and properly dispose of any such <br /> contaminated soil at a permitted treatment, storage and disposal facility, or any other facility <br /> legally capable of accepting such soil. <br /> 4.4 Owner/Tenant shall notify Equilon no later than forty-eight (48) hours in advance <br /> of the removal of any liquids at the Property. For purposes of this sub-section, notification may <br /> be made by facsimile or electronic mail. Liquids with Substances levels below the applicable <br /> State cleanup standard for commercial/industrial property use will be considered "clean." <br /> Owner/Tenant shall, at its cost and expense remove and properly dispose of any such clean <br /> liquids. Liquids with levels of Substances above the applicable State cleanup standard for <br /> commercial industrial property use will be considered "contaminated." Owner/Tenant shall <br /> place, at its sole cost and expense, such contaminated liquids in trucks or tanks provided by <br /> Equilon. Equilon shall, at its sole cast and expense, transport and properly dispose of any such <br /> contaminated liquids at a permitted treatment, storage and disposal facility, or any other facility <br /> legally capable of accepting such liquids. <br />