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388 <br /> <br /> the United States, including those requirements <br /> prescribed in the Federal Acquisition Regulations, parts <br /> 30, 31 and otherwise; and <br /> (d) Consistent with the limitations of subparagraphs 2(b) <br /> and 2(c), the County shall be entitled to audit the <br /> Relocation Plan Costs charged to it by Plantation in <br /> advance of reimbursement to Plantation. <br /> 4. If, during the period of construction pursuant to the <br />Relocation Plan and/or the removal of Plantatton's existing <br />pipelines and facilities as noted in Paragraph 1 hereinbefore, <br />contamination of the soil and/or groundwater or other components of <br />the County's real property is discovered, Plantation shall notify <br />the County and all appropriate regulatory authorities immediately of <br />the discovery of such contamination. Additionally, if it is <br />determined that such contamination has resulted from the activities <br />or operations of Plantation, or the activities or operations of <br />Plantatton's agents, servants, employees or independent contractors, <br />Plantation shall:' <br /> (a) Be and remain solely liable for all cleanup and <br /> remediation of said contamination together with the <br /> costs and expense thereof; and <br /> (b) Defend, save, and hold harmless the County from any and <br /> all loss, costs, expenses, or damages or attorneys' fees <br /> by reason of the injury or death of any persons, or <br /> damage to the property of the County or others arising <br /> out of the contamination of the County's real property, <br /> if any, from Plantation's pipelines or pipeline <br /> operations. <br /> In the event such contamination is established and is <br />determined to be a result of the activities or operations of <br />Plantation or the activities or operations of Plantatton's agents, <br />servants, employees or independent contractors, Plantation shall <br />bear 100% of the costs of remediation and all other costs associated <br />with the contamination and the County shall bear no part of such <br />COSTS. <br /> 5. The terms, conditions, limitations and provisions hereof <br />shall inure to and be binding upon the County and Plantation, their <br />respective successors and assigns. <br /> IN WITNESS ~EREOF, the 9arties hereto have set their hands <br />and seals on this-the day of , 1995. <br /> <br />ATTEST: <br /> /s/ Frankie F, Bonds <br />Clerk <br /> <br />ATTEST: <br /> <br />T. A. Bannigan, Secretary <br /> <br />Approved as to form: <br /> /s/ Fletcher L, Hartsell, Jr.. <br />County Attorney <br /> <br />CABARRUS COUNTY, NORTH CAROLINA <br />BY: /s/ Jeffrey L, Barnhart <br />Jeffrey L. Barnhart, Chairman <br />Board of Commissioners <br />PLANTATION PIPE LINE COMPANY <br />BY: <br /> <br />Roy M. Crook <br />Vice President-Operations <br /> <br />COUNTY OF CABARRUS <br /> I, Rebecca C.Crabtree, Notary Public for the above State and <br />County hereby certify that Frankie F. Bonds personally came before <br />me this day and acknowledged that she is the Clerk of Cabarrus <br />County, North Carolina, a body politic of the State of North <br />Carolina, and that by authority duly given and as the act of <br />Cabarrus County, the foregoing and annexed instrument was signed in <br />its name by Jeffrey L. Barnhart, Chairman of the Board of <br />Commissioners for.Cabarrus County, sealed with its official seal and <br />attested by herself as Clerk. <br />Witness my hand and official seal, this 21 day of April, 1995. <br /> /s/ Rebecca C. Crabtree <br /> Notary Public <br /> My Commission Expires: 10-18-97 <br />STATE OF GEORGIA <br />COUNTY OF <br /> <br /> <br />