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2.6.2. be based on a Phase I ASTM conducted in December 2005; <br /> 2.6.3. enable the Parties to obtain a no further action ("NFA") letter from Ecology <br /> if the studies indicate that cleanup is not warranted; <br /> 2.6.4. enable the Parties to obtain bids for PLL insurance; and <br /> 2.6.5. enable the City to obtain MICA local toxics grant funds for investigations <br /> and cleanup. <br /> 2.7. The sampling work set forth by the SAP will be completed and sampling results <br /> submitted to the RET on the schedule in the SAP approved by the RET. <br /> 2.8. Upon receiving the sampling results, the RET will meet with its consultants and <br /> advisors to determine whether the sampling data indicates the presence of <br /> chemicals of concern ("COC") at the Property in excess of cleanup levels set by <br /> the RET based on continued industrial uses on the Property and any other <br /> cleanup levels or evaluation criteria requested by either Party("Screening <br /> Levels"). <br /> 2.9. The RET will determine and coordinate any required release reporting to Ecology <br /> or other agencies within the required time periods, as well as any <br /> communications with the media or public related to such reporting. <br /> 2.10. Based on the sampling results, the RET will consider the availability, applicability <br /> and value of PLL insurance coverage for either or both first party and third party <br /> claims related to the Work and for potential environmental liability associated with <br /> either or both the City Property and the K-C Property. The RET will determine the <br /> appropriate allocation of the cost of any such PLL coverage, although the <br /> expectation is that the Parties will share such cost equally. <br /> 2.11. In the event that the RI concludes that there is no COC present at the Property in <br /> excess of Screening Levels, the RET will authorize the submittal of such data to <br /> the Ecology and seek an NFA letter. <br /> 2.12. In the event that the RI identifies any COC that exceeds Screening Levels at the <br /> Property, the RET will meet with its consultants and advisors to: <br /> 2.12.1. determine if the results warrant seeking an NFA letter at such time, and, if <br /> so, shall authorize submittal of such data and supporting analysis to Ecology and <br /> seek an NFA letter; or <br /> 2.12.2. determine if supplemental investigations or analyses are needed, either to <br /> enable the submittal of a request for an NFA letter or to enable the next phase of <br /> the Work to be cost-effective and meet the principles and Performance Standards <br /> or Alternate Performance Standards in this MOU and, if so, proceed with such <br /> studies. <br /> 2.13. The Performance Standards will include the following: <br /> Page 5 <br />