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(b) Baseline Determination. The Baseline shall be determined by reference to existing information from studies performed by or for Seller, such as described in Seller's existing Environmental Remediation Services Business Plans for Real Property and Improvements. Within six (6) months of the Closing ("Baseline Development Period"), the Baseline can be augmented by further investigation that Purchaser determines in good faith is reasonably necessary to establish the Baseline. Such further investigation shall be performed during the Baseline Development Period (or if Seller in its sole discretion agrees to a longer period than six (6) months, during the period as Seller agrees). Such further investigation shall be performed at Purchaser's sole expense and shall not be included in calculation of the $200 Million Cap. Purchaser may further augment the Baseline after the six (6)-month period with in situ testing of the 76 Assets that Purchaser, during the Baseline Development Period, identifies is reasonably necessary to establish that a Release should be included in the Baseline, but only to the extent such testing is required by a lawful order of a government agency (with jurisdiction) to conduct such testing on such site or Seller agrees such testing is required under Environmental Laws (such agreement not to be unreasonably withheld). (c) Compliance Action Costs. Except as otherwise provided in this Section 4(c), Seller shall be responsible for the cost of Compliance Action ("Compliance Action Costs") which arise out of or result from operations or conditions before the Closing. Purchaser shall be responsible. for Compliance Action Costs which arise out of or result from operations or conditions after the Closing. Notwithstanding the foregoing, Purchaser shall be responsible for Compliance Action Costs associated with the construction and operation of facilities necessary to achieve selenium effluent limitations at Seller's San Francisco Refinery and the construction and operation of vapor recovery equipment at Seller's Los Angeles Refinery Marine Terminal to: (i) comply with Environmental Laws; or (ii) as may be required in connection with the renewal of Seller's existing lease for the Terminal. 5. Conduct Of Baseline Corrective Action. (a) If Baseline Corrective Action is required, Purchaser shall conduct and pay for such action, and Seller shall reimburse Purchaser in accordance with Section 4(a). During the time Seller is obligated to pay all or any portion of Baseline Corrective Action Costs, Purchaser shall, within twenty-four (24) hours after reporting to the appropriate government agency, notify Seller of any Reportable Quantity of a Hazardous Substance. If a Reportable Quantity of a Hazardous Substance is discovered in the soil, surface water, subsurface strata or groundwater at a 76 Asset after the Closing in an amount not readily distinguishable from the Baseline, Purchaser shall be responsible for the incremental Corrective Action costs associated therewith, and such costs shall not be included in the calculation of the $200 million cap. Purchaser shall provide to Seller information about such an event sufficient to estimate the incremental Corrective Action costs attributable thereto. Purchaser and Seller shall work together in good faith .to agree on such incremental costs. In the event the parties are unable to reach agreement on such incremental costs, the dispute may be submitted for dispute resolution in accordance with Section 10. 6.