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i shall regain in existence until the earlier to occur of(i)the date on which Escrow Holder and Buyer receive written notice from Seller that the Work has been completed, which notice shall include written evidence of approval of the Work by the appropriate governmental authority(ies),or(ii)all of the$40,000 Escrow Funds have been spent in accordance with this Section 3.5,unless sooner terminated by mutual written agreement of the Seiler and Buyer(the"Escrow Term"). Any Escrow Funds remaining in the escrow at the end of the Escrow Term shall be refunded to Seller. 3.6. There is also a Settlement Agreement which was entered into by a previous owner of the Property with DeltaKeeper (the"DeltaKeeper Agreement"),that required the previous owner' to perform certain work on the Property, primarily relating to surface drainage and groundwater contamination related to such previous owner's use of the Property. Buyer and Seller are uncertain as to what extent the DeltaKeeper Agreement has been complied with, waived, or altered and to what extent it would be enforceable against Buyer. ,Seller has initiated discussions with DeltaKeeper to(1)obtain DeltaKeeper's acknowledgement that the terms of the DeltaKeeper Agreement have been satisfied, and/or(2)arrive at a water discharge and ground water plan acceptable to DeltaKeeper taking into consideration the present usage of the Property, future use as contemplated by the Buyer,'Iand provisions in the event that the Concrete Batch Plant is removed. Seller will continue the discussions during escrow with the goal of resolving these issues with DeltaKeeper. Seller shall, at Closing, deposit in escrow with the Escrow Halder, Twenty Thousand Dollars($20,000). for purposes of hiring a consultant to present a plan to DeltaKeeper and possibly providing funds to DeltaKeeper for its consultant(the"DeltaKeeper Funds'). Seller shall. after Closing and. until all of the DeltaKeeper Funds have been spent in accordance with this Section 3.6, continue the discussions and negotiations with DeltaKeeper with the goal of resolving all outstanding issues. The DeltaKeeper Funds shall be held and disbursed in accordance with the procedures set forth in Section 3.5 hereof and the balance, if any, returned to Seller upon the accomplishment of(1) or(2) above. 515303102 5 �i I