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Earnest Money (together with any accrued interest thereon) shall be refunded to Buyer <br />and neither party shall thereafter have any rights against or obligations to the other <br />hereunder, except as expressly provided otherwise herein. <br />20. VIC Pro�ram Obli�ations. The parties acknowledge that chlorinated volatile organic <br />compounds have been discovered on the Property and that the Seller has enrolled in the <br />Minnesota Pollution Control Agency ("MPCA") Voluntary Investigation and Cleanup <br />("VIC") program to assist in the remediation of the contamination. The Seller has <br />submitted a Response Action Plan ("RAP") which has been approved by the MPCA. The <br />remediation designated in the RAP has been completed, but there are still concentrations <br />of tetrachloroethane ("PCE") and trichloroethane ("TCE") in the Property which exceed <br />the Minnesota Department of Health's Health Risk Limits. Monitoring wells have been <br />installed on the Property by the Seller and annual reports have been provided to the <br />MPCA describing the TCE and PCE concentration levels. It is anticipated that the <br />MPCA will require the continued maintenance of the monitoring wells and delivery of <br />annual monitoring reports after Closing. Following the execution of this Agreement, the <br />parties intend to meet with the MPCA to discuss the sale of the Property, the <br />requirements of the MPCA pertaining to the environmental contamination, the <br />procurement by the Buyer of a No Association Determination Letter based upon the <br />Buyer's proposed use of the Property and the timing and requirements of the MPCA to <br />issue a No Further Action letter and/or Certi�cate of Compliance with respect to the <br />contamination. The parties agree to cooperate with one another in scheduling the Joint <br />Meeting so that both parties and their respective consultants and representatives can <br />attend the meeting together. The parties further agree to allocate the following costs <br />associated with the remediation, monitoring and reporting of the environmental <br />contamination between themselves as follows: <br />A. The Seller shall pay for: <br />(i) All MPCA charges attributable to the period before, and all MPCA <br />charges for wark, services, communications and meetings initiated or <br />requested by Seller after, the Joint Meeting. <br />(ii) The MPCA charges for the Joint Meeting. <br />(iii) The maintenance and operation of the monitoring wells and all <br />environmental remediation, reporting and monitoring required by the <br />MPCA prior to Closing. <br />(iv) All fees and charges charged by consultants, contractors, engineers, <br />representatives and attorneys retained by the Seller for services <br />provided in connection with the Seller's participation in the VIC <br />program and the environmental remediation, reporting and monitoring <br />required by the MPCA. <br />10 <br />