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Mr. David M. Smith, President <br /> Herman &Helen's Marine <br /> March 3, 1999 <br /> PBas-3 <br /> want. My client does not want to be litigious; however, a failure t,> <br /> toll the statute may require a filing of a suit upon discovery of the <br /> Presence of contamination without such a tolling. <br /> I have never heard of an instance where insurance compare les <br /> were not in favor of a tolling agreement, if there was an option oth er <br /> than a lawsuit to resolve a matter. Furthermore, I have not run it ito <br /> this issue with any other client. I have checked with other attorn,!ys <br /> who work in this field and none have run across a similar issue. 'fou <br /> may want to re-think your position on this matter. If there is son-e <br /> fact that is part of your decision about which I need to be informe i in <br /> order to •anderstsnd. your romenning, I would be more than willing to <br /> consider it. <br /> As it stands right now, without the tolling provision, my cli !nt <br /> has no incentive to allow you to enter onto its property to take <br /> samples. If you want, we can enter a separate tolling agreement <br /> simultaneously with this right of entry that specifically addresses the <br /> statutory language for such an agreement. You may want to revic w <br /> the language of Section 360.5 of the Code of Civil Procedure. As I <br /> read it, it allows us to toll for a period of four years with the <br /> possibility of entering a successive agreement (one time) prior to t ie <br /> termination of the original agreement for additional term of four <br /> Years- This tolling would give you the time to conduct your <br /> investigation without the imminent threat of litigation. Let me kn 3w <br /> your thoughts on this matter as well. <br /> If you should have any questions, do not hesitate to call. <br /> Very truly yours, <br /> /..r <br /> Brooke K. Birkie <br /> Attorney at Law <br /> Cc: Walt Wolterstorff <br />