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1 • +A► willful, negligent, unlawful, or unauthorized actions performed by Nestld under this Agreement. 9. Test Reports. At Owner's request, Nestld shall provide to Owner copies of raw data from soil and ground water tests conducted on Owner's Property. 10. Removal of Equipment. Within ninety (90) days after the termination of this Agreement or any extension hereof, Nestld shall remove from the Property all materials and equipment that it has used or generated in undertaking any Remediation provided hereunder in accordance with the requirements of applicable law. Notwithstanding the foregoing, Owner agrees that any monitoring wells installed on the Property during the course of the Remediation will remain on the Property until completion of the Remediation. 11. Non-Liability. Nothing in this Agreement shall constitute any admission that Nestld is responsible for or liable in whole or in part for any contamination which is or shall subsequently be found on the Property, nor shall Nestld be required to assume any responsibility or liability pertaining to the contamination of any property in proximity to the Property. 12. Confidentiality. Owner agrees not to disclose the terms of this Agreement or any information or documents provided by Nestld under this Agreement without the express written consent of Nestld, except to such governmental authorities as may be required by law. Nestld may, at its option, cause a copy of this Agreement to be filed on record in the jurisdiction wherein the Property is located so as to secure or further preserve its rights hereunder granted of record in said jurisdiction. 13. Applicable Law. The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed and interpreted in accordance with the laws of the state where the Property is located without regard to the conflict of laws provisions thereof. 14. Attorneys' Fees. If any litigation is commenced between Owner and Nestld concerning this Agreement or their respective rights, duties, and obligations hereunder, the party prevailing in such litigation shall be entitled to its reasonable attorneys' fees and its court costs and expenses of litigation in addition to such other relief which may be granted. 15. Nonwaiver. No provision of this Agreement shall be waived, by conduct or otherwise, except in writing signed by both parties. No assent or waiver, whether expressed or implied, of any breach of any one or more of the covenants, conditions, or provisions set forth in this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other covenant, condition, or provision hereof. 16. Severability. If any court shall adjudge any provision of this Agreement invalid, the remaining provisions of this Agreement shall remain valid and enforced to the full extent permitted by law.