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� 1 • • 1.02 From 1951 until 1984, KPF Electric Co. manufactured high-voltage switching devices at the Property for utility companies. In June 1984, Keamey-National, Inc. acquired KPF Electric Co. and continued the manufacturing operations until 1997. The operations at various times included a galvanizing process, silver-plating process, foundry,beryllium annealingimolding•'lathing area, machine shops,paint shops,welding shops,assembly lines, and a quality control testing laboratory. In 1999, the Covenantor purchased the Property from Kearney-National, Inc. and developed the Property for mixed commercial uses. 1.03 The prior manufacturing operations involved management of hazardous waste and resulted in contamination of the soil and groundwater at the Property,primarily through releases to two on-site ponds. Kearney-National,Inc. has investigated and remediated the contamination under the oversight of the Department and the Central Valley Regional water Quality Control Board. Kearney-National,Inc. conducted closure activities, including removal of contaminated soil, at the Property pursuant to a Revised Closure Plan approved by the Department. The Department has determined that the soil at the Property has been remediated to a level acceptable for non-restricted use. However,since the groundwater is still contaminated with hazardous waste,Keamey-National,Inc. is conducting post closure activities and corrective action at the Property. including operation and maintenance of a groundwater extraction and treatment system.,pursuant to a Hazardous waste Facility Post Closure Permit issued by the Department, effective March 25, 1992 and recently renewed by the Department, effective July 22,2004. ARTICLE P DEFINITIONS 2.01 Deoanniew. "Department" shall clear, the California Deparnttcnt of Toxic Substances Control and shall include its successor azencies, it alw, 2.02 Owner. "Owner" shall mean the Covenantor, its successors in interest, and their successors in interest, including heirs and assigns,who at any time hold title to all or any portion of the Property. 2.03 Occupant. "Occupant" shall mean Owners and any person or entity entitled by ownership, leasehold,or other legal relationship to the right to occupy any portion of the Property. Page 2