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by Ecology in writing. <br />43. " "- '- No Settlement. <br />a. This Agreed Order is not a settlement under RCK <br />chapter 70.105D. Ecology's signature on this Agreed Order in no way <br />constitutes a covenant not to sue or a compromise of any Ecology rights or <br />authority. Ecology reserves the right to bring an action against the PLP Group <br />to recover remedial action costs not paid to or received by Ecology under this <br />Agreed Order. In addition, Ecology will not take additional enforcement <br />actions against the PLP Group to require those remedial actions required by <br />lies with <br />this Agreed b der. Ecology provided <br />r serves the r ighhtt, however, to this <br />Agreed <br />to require additional <br />remedial actions at the Site should it deem such actions necessary. <br />C. Ecology also reserves all rights regarding the injury to, <br />destruction of or loss of natural resources resulting from the releases or <br />threatened releases of hazardous substances from the Site. <br />d. In the event Ecology determines that conditions a' the <br />Site are creating.or have the potential to create a danger to the health or <br />welfare of the people on the Site or in the surrounding area or to the <br />environment, Ecology may order the PLP Group to stop further implementation of <br />this Agreed Order for such period of time as :.eeded to abate the danger. <br />44. TrAnl&xzn=of Property. <br />a. No voluntary or involuntary conveyance cr relinquishment of <br />title, easement, leasehold or other interest in any portion of the Site shall <br />be consummated by the PLP Group without provision for continued implementation <br />of all requirements of this Agreed Order and implementation of any remedial <br />actions found to be necessary as a result of this Agreed Order. <br />b. Prior to transfer of any legal or equitable interest the PLP <br />Group may have in the Site or any portions thereof, the PLP Group shall serve a <br />copy of this Agreed Order upon any prospective purchaser, lessee, transferee, <br />assignee or other successor in such interest. At least thirty (30) days prior <br />to finalization of any transfer, the PLP Group shall notify Ecology of the <br />contemplated transfer. <br />45. - " - "`h Anolieable yaws. <br />a. All actions carried out by the PLP Group pursuant to this <br />Agreed Order shall be done in accordance with all applicable federal, state and <br />local requirements, including requirements to obtain necessary permits, except <br />as specified in RCW 70.105D.090(1). <br />b. Pursuant to RCW 70.105D.090(l), the substantive requirements <br />of Chapters 70.94, 70.95, 70.105, 75.20, 90.48 and 90.58 RCW and of any laws <br />requiring or authorizing local government permits or approvals for the remedial <br />action under this Agreed Order that are known to be applicable at the time of <br />issuance of the Agreed Order have been identified by the PLP Group. am <br />Attachment E. Additional requirements will be added by amendment as they are <br />identified and determined to be applicable by the Ecology Site Coordinator and <br />are binding and enforceable requirements of the Agreed Order. <br />C. The PLP Group has a continuing obligation to determine <br />whether additional permits or apirovals addressed in RCW 70.105D.090(1) would <br />otherwise be required for the remedial action ur3er this Agreed Order. In the <br />event the PLP Group determines that additional permits or approvals addressed <br />in RCw 70.105D.090(1) would otherwise be required for the remedial action under <br />this Agreed Order, it shall promptly notify Ecology of this determination. <br />PAGE 7 OF 14 <br />AGREED ORDER <br />