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abandonment of USTs and/or petroleum hydrocarbon contamination at premises <br /> adjacent to the Property. <br /> LICENSOR REPRESENTS AND WARRANTS THAT IT HAS READ THIS <br /> RELEASE AND HAS CONSULTED ITS ATTORNEY OR HAS RAD THE <br /> OPPORTUNITY TO CONSULT AN ATTORNEY AND FREELY CHOSE <br /> NOT TO DO SO. <br /> 10. Assignment and Reimbursement from Trust Funds. Licensor hereby assigns to <br /> Shell any and all rights it may have against the applicable state and federal fund <br /> established by the state or federal government to fund or reimburse cleanups, <br /> assessments,remediations or satisfaction of claims at UST sites. Licensor agrees <br /> to cooperate with Shell,including execution of additional documents, if <br /> necessary,in obtaining any allowable reimbursement from a state and federal fund <br /> established by the state or federal government to fund or reimburse cleanups, <br /> assessments,remediations, or satisfaction of claims at UST sites and that any <br /> moneys obtained from said fund shall belong solely to Shell. <br /> 11. Dispute Resolution. The Parties agree that should any dispute arise under this <br /> Agreement which cannot be amicably resolved,the dispute shall be submitted to <br /> mediation prior to being submitted to Arbitration under the rules, and procedures <br /> of the American Arbitration Association.and judgment upon the award rendered <br /> by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any <br /> mediator or arbitrator selected bythe parties shall be knowledgeable in <br /> environmental law and/or remediation technologies. <br /> 12. Execution of Agreement. Each of the undersigned hereby represents and warrants <br /> that it is authorized to execute this Agreement on behalf of the respective Party to <br /> the Agreement and that this Agreement,when executed by those Parties, shall <br /> become a valid and binding obligation, enforceable in accordance with its terms. <br /> Licensor represents and warrants that it is the owner of the property described in <br /> Exhibit A or that it has full lawful authority to grant access to the Property for the <br /> purposes described herein. <br /> 13. Assignment. Successors and Assigns. In the.event Licensor's interests in the <br /> Property are conveyed,transferred or in any way assigned in whole or in part to <br /> any other person or entity,whether by contract,operation of law or otherwise, <br /> Licensor shall take any and all actions necessary at Licensor's sole cost to render <br /> any such conveyance, transfer or assignment subject to the terms of this <br /> Agreement and shall provide notice thereof to Shell. Except as set forth <br /> hereinafter,this Agreement cannot be assigned by either Party without the prior <br /> written consent of the other,which consent shall not be unreasonably withheld. <br /> Licensor hereby assigns to Shell any and all claims, causes of action and suits it <br /> may have against any third party who may have financial responsibility for any <br /> environmental response costs or other damages at the Property including but not <br /> 4 <br />