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WILD, CARTER, TIPTON & OLIVER <br />Mr. Glenn Dembroff <br />October 10, 1991 <br />Page 2 <br />has been given control and operation of <br />the inception of the Lease on December <br />obligations under the Lease include the <br />taxes, utilities and maintenance of the <br />improvements and fixtures. <br />this facility since <br />1, 1984. Your <br />payment of rent, <br />real property, <br />Under your lease form which was signed by the Lessors <br />without any additional changes or modifications, Section X. <br />B. states that: <br />"Lessee shall not be responsible for any cost or <br />damages resulting from any leaks from the <br />underground facilities nor shall Lessee be <br />responsible for any repairs to the underground <br />facilities except that Lessee shall pay the first <br />five hundred dollars for any such repairs." <br />Consistent with the above quoted provision Beacon <br />notified the Lessors in 1984 (shortly after taking over <br />possession of the site) that the underground piping needed <br />to be repaired. Though it had an option to cancel the <br />Lease, Beacon undertook to perform the entire work at <br />Lessors' sole cost and expense. In October 1986 the Lessors <br />were again notified that more work on the underground <br />facilities was required. At Lessors' expense, Beacon <br />retained a consultant, Applied GeoSystems to perform an <br />environmental investigation (AGS Job#86103-1P) which stated <br />in part that: <br />"...a report summarizing the soil stratigraphy, <br />field and laboratory procedures, well construction <br />details and laboratory results will be supplied to <br />Beacon Oil Company. All information gathered <br />during the study is considered confidential and <br />can be released only upon authorization of Beacon <br />Oil Company." <br />Subsequently, the proposal was accepted and the entire <br />work was performed under Beacon's supervision and approval <br />at Lessors' sole cost and expense. Final reports which <br />included a Report of Subsurface Environmental investigation, <br />Soil Borings and Monitoring Well Installation (AGS <br />Job#86103-2) and later a Report of Subsurface Environmental <br />Investigation and Waste Oil Tank Removal (AGS Job#86103-3) <br />were furnished to the Lessors with copies to Beacon Oil <br />Company. As a part of this remediation and upgrading of <br />