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i <br /> 3) COP will have the right to conduct all negotiations with the Agency with respect to <br /> Baseline Corrective Action and, as between COP and ACT, will have the lead <br /> responsibility for setting policy, establishing direction and conducting those negotiations. <br /> ACTI may attend those negotiations but will not intentionally contact or negotiate with <br /> agencies independent of COP. <br /> 4) COP request that San Joaquin Co. Enviro., Health Division assist in the transfer to COP <br /> all permits associated with the Baseline Corrective Action including but not limited to the <br /> operating permits for any remediation equipment, monitoring well permits and discharge <br /> permits. Please note that all of Circle K's UST systems were registered under, and <br /> remain registered under, the existing corporate name of Circle'K Stores, Inc. Therefore, <br /> _ f <br /> its tank registrations and other commercial permits are not required to be transferred or y <br /> re-registered as a result of the transaction. <br /> 5) COP will have the right to pursue, control, settle, waive or release reimbursement claims <br /> from the right to pursue, control, settle, waive or release reimbursement claims from the <br /> "'— UST Clean Up Fund ("UST Fund")relating to Baseline-Corrective Action Costs incurred- - <br /> by COP. COP will have the right to receive any reimbursements from the UST Fund as a <br /> result of Baseline Corrective Costs incurred by COP (to the extent payable in accordance <br /> with the laws and regulations applicable to the UST Fund), and Circle K hereby assigns <br /> to COP its rights to receive any such reimbursements. <br /> In light of the requirements of the agreement on ACTI and COP listed above, the parties believe it <br /> would be most efficient if San Joaquin Co. Enviro., Health Division was to deal directly with COP <br /> regarding all matters relating to Baseline Corrective Action and related Baseline Corrective Action <br /> Costs (including the reimbursement of such costs from the state's UST Fund). Likewise, San <br /> Joaquin Co. Enviro., Health Division is expected to deal directly with ACTI regarding all other <br /> matters as the registered owner and for operator of the UST systems at the Circle K sites within <br /> California <br /> If you have any questions regarding this notice, please contact me. <br /> Sincerely <br /> <1 �:Q 1CJ <br /> Robert . Staab <br /> ConocoPhillips Company <br /> 1230 W.Washington St., Suite 212 <br /> Tempe,AZ 85281 <br /> -- — -- -- 602.728.5058 <br /> Attachment: Exhibit A-Active or planned remediation or monitorinn or known or identified <br /> contamination as of Closing Date <br /> CC: File <br /> William Bunch -ACTI <br /> Robert Staab—ConocoPhillips <br />