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contamination or alleged contamination of the Soil or;grOundwater Of the Property, or from the environmental condition of the
<br /> Property. ! . · . :
<br />
<br />3. Purchaser hereby grants to Seller, itS[$gen,tS, effiplOYee,~,successors and assigns, the irrevocable dght to enter upon the
<br />Property, from and after the date of tran$~'~r of title, f~r'!the ~rpose of (i) engaging in environmental assessments, inspection
<br />and remediation, including but not im ted itc the Installation ici such facilities and the conduct of such activities as deemed
<br />necessary or advisable by Seller, in its sO!e diScrelio~i qr as~ ~re required by governmental authorities having jurisdiction, for a
<br />period of time required to comply with an~'iaPp[i~l~le; envir°dmental law or regulation affecting the Property and (ii) removing
<br />from the Property any such Property an~, iequiPmen! ~oi ~]d pursuan~ to the Contract. Seller shall not be liable for any
<br />damages to the Purchaser, direct or indire~!, resulting ifr~m C%tamination of the Property existing on the date of transfer of title,
<br />or for any interruption or interference with ~y bUsine~_s Or:a~ti_vities being conducted on the Property, or loss of opportunity, or
<br />any other loss, damage, costs Or expenselef;anYldnd!whatsoever, caused by or resulting from the condition of the Property. or
<br />the performance of any activities authori ,z~.' "~1 herein;, CrOvide, d; however, Seller Shall use reasonable efforts to. minimize such
<br />interruption or interference. Purchaser a~!'eesto. CoOPerate!fully with Seller in the performance of the activities authorized
<br />herein so as to minimize the time and expense to 8ell~r, including the grant of access to on-site utilities (e.g., electricity, sewer,
<br />and water) if required for such'activitieS; a.r~d further a"gmes itllat during the period of any assessment or remediation activities
<br />by Seller (x) no construction or improve~nt~ shill be permitted on the Property which would impede or restrict access to
<br />monitoring wells, remediation or monitodngeqUiPment, Or tO I~e hydrocarbon plume, or which would modify or affect the size,
<br />location er nature of the hydrocarbon ¢.(ume, without th~!pdor written consent of Seller, which consent shall not be
<br />unreasonably withheld; and (y) no gasolin~Cuel Or othe? motor fuels shall be sold, handled or stored on the Property,
<br />
<br />4. Purchaser warrants that no promme ,or inducement has rbeen offered except as set forth here~n; that th~s Release and
<br />Right-of-Entry is executed by'Purchaser!~ithout reliance Upon any statement or .representation by Seller, its agents or
<br />employees, concerning the measure of extent of!any c~ntamip_~tion or the legal liability therefore; that Purchaser is of legal age,-
<br />legally competent to execute this Release~-~and Right-~f;.Ent(yi and accepts full responsibility therefore; that this ReleaSe and
<br />Right-of-Entry contains the entire agreem.e, dt between~.PurCha~%r and Seller with respect to this matter; and that the terms of
<br />this Release and Right-of. Entry'are contraCtual an'dn°tmerely!recital.
<br />
<br />THIS RELEASE AND RIGHT-OF-ENTRY, and eaCh of the covenants herein contained shall run with the land and be binding
<br />upon the grantees, assigns and other succaSsors in title Or interest of Purchaser.
<br />
<br />day of r
<br />
<br />SIGNED AND SEALED this
<br />
<br /> ,2005.
<br />
<br />SELLERi
<br />BP PRODUCTS NORTH AMERICA INC.,
<br />f/J,Ja Amoco Oil Company
<br />
<br />BY:
<br />
<br /> · Its:
<br />
<br />PURCHASER:
<br />CITY OF RAMSEY
<br />
<br />By:
<br />
<br />By:
<br />
<br /> Its:
<br />
<br />DRAFTED BY:
<br />Larkin, Hoffman, Daly & Lindgren, Ltd.
<br />7900 Xerxes Avenue South, Suite 1500
<br />Minneapolis, MN 55431 (TFA)
<br />
<br />Page 2- Release and Right-of-Entry
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