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201209708
<br />D. A detention pond (the "Detention Pond ") is situated on portions of the
<br />Shirley Property and the Roby Property (the Shirley Property and Roby
<br />Property are collectively referred to as the "Pond Properties ").
<br />E. Hornady currently discharges water used to cool its machinery via a
<br />pipeline into the Detention Pond, terminating at the point indicated on the
<br />attached Exhibit A ( "Discharge Point ").
<br />F. As adjacent tracts by virtue of abutting the Detention Pond, the Pond
<br />Properties are affected by Hornady's discharge of water into the Detention
<br />Pond.
<br />G. The Parties desire to memorialize the ability of Hornady to discharge water
<br />into the Detention Pond at the Discharge Point.
<br />NOW THEREFORE, for good and valuable consideration, the receipt of
<br />which is hereby acknowledged, the Pond Owners and Hornady agree as follows:
<br />1. Grant of Right of Access. The Pond Owners do hereby convey to
<br />Hornady, its respective successors and assigns, a non - exclusive right to
<br />discharge water generated by the manufacturing activities at the Hornady
<br />Property into the Detention Pond. Shirley and CEOMOM hereby conveys to
<br />Hornady and its respective successors and assigns a non - exclusive right of way
<br />on, over and under the Shirley Property for the purpose of maintaining,
<br />inspecting, operating, repairing, and if necessary, replacing a pipeline to carry
<br />water from the Hornady Property to the Discharge Point, as depicted on the
<br />attached Exhibit B ( "Pipeline Area ").
<br />2. Environmental Representation and Indemnification. Hornady
<br />hereby represents and warrants that it shall not discharge water into the
<br />Detention Pond that it knows to contain a Hazardous Substance. For purposes of
<br />this Agreement, the term "Hazardous Substance" means any substance which is
<br />(i) designated, defined, classified or regulated as a hazardous substance,
<br />hazardous material, hazardous waste, pollutant or contaminant under any
<br />Environmental Law, (ii) petroleum hydrocarbon, including crude oil or any
<br />fraction thereof and all petroleum products; (iii) PCBs, (v) lead, (v) asbestos, (vi)
<br />flammable explosives, (vii) infectious materials, (viii) toxic mold, or (ix) radioactive
<br />materials. For purposes of this Agreement, the term "Environmental Law"
<br />means the Comprehensive Environmental Response, Compensation and Liability
<br />Act of 1980, 42 U.S.C. Section 9601 et seq; the Resource Conservation and
<br />Recovery Act of 1976, 42 U.S.C. Section 6902 et seq; the Clean Water Act, 33,
<br />U.S.C. Section 1251 et seq., the Hazardous Materials Transportation Act, as
<br />amended, 49 U.S.C. § 1801 et seq; the Federal Water Pollution Control Act, as
<br />amended, 33 U.S.C. §1251, et seq., as said laws have been supplemented or
<br />amended to date, the regulations promulgated pursuant to said laws; and any
<br />other federal, state or local law, statute, rule, regulation or ordinance which
<br />regulates or proscribes industrial hygiene or the use, storage, disposal, presence,
<br />cleanup, transportation or release or threatened release into the environment of
<br />any Hazardous Substance.
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