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3.4 anup and <br /> Board Oversi;ht. The Board will provide review and oversight of the cle <br /> abatement actions conducted by Douglas. Douglas agrees to conduct the actions in the manner specified <br /> herein and in accordance with specified schedules. All work shall be performed in compliance with the <br /> California Water Code, applicable portions of the Health and Safety Code, and applicable regulations <br /> and policies of the State Water Resources Control Board and the Board. <br /> 3.5 Recording A,eement. Douglas agrees to record a notice of this Agreement, in the form <br /> attached hereto as Attachment C.2, and incorporated herein by reference, with the County of Writer <br /> Instrument and Transfer Document within forty-five (45) days of the date of this Agreement. A copy of <br /> the recording shall be provided to the Board. The recording shall provide evidence that this covenant is <br /> intended, among other things, to run with the land. <br /> 3.6 Douglas agrees to reimburse the Board for its staff costs in overseeing the cleanup and <br /> abatement actions to be performed by Douglas pursuant to this Agreement as specified in Section 3.1. <br /> IV. COVENANTS AND RESERVATIONS <br /> 4.1 Covenant Not to Sue. Subject to Section III, the Board covenants not to sue or take any <br /> further civil,judicial, or administrative action to pursue any claim, enter any order, or make any demand <br /> against Douglas, by virtue of Douglas' ownership of the Property, for any and all claims,pursuant to any <br /> law or regulation, with regard to the Known Conditions at the Property. This covenant shall inure to the <br /> benefit of Douglas and pass with each and every portion of the Property. <br /> 4.2 Reciprocal Covenant. For so long as Douglas enjoys the covenant under Section 4.1 above, <br /> Douglas hereby covenants not to sue or assert any claims or causes of action against the Board with <br /> respect to the environmental condition of the Property, including any claims for reimbursement or <br /> indemnification or any claims arising out of the Board's oversight activities at the Property. <br /> 4.3 Reservation of Rights by the Board. The covenant not to sue set forth in Section 4.1 above <br /> does not pertain to any matters other than those expressly specified in Section 4.1. The Board reserves <br /> and this Agreement is without prejudice to all rights against Douglas with respect to all other matters. <br /> including, but not limited to, the following: <br /> (a) claims based on a failure by Douglas and its successors or assignees to comply with this <br /> Agreement; <br /> (b) any liability resulting from past or future discharges of waste caused or contributed to <br /> by Douglas and its successors or assignees; <br /> (c) any condition that is not a"Known Condition"; <br /> (d) any liability resulting from exacerbation by Douglas and its successors or assignees of <br /> the Known Conditions; <br />