New Search
COUNTY may decline to undertake the investigation. COUNTY's fail- <br /> ure to act within 30 days, or a shorter but reasonable time specs- <br /> fled by EUGENE in its notice due to an immediate threat, shall be <br /> deemed•a decision by COUNTY not to act. Where COUNTY declines-to <br /> act, EUGENE may undertake the investigation and recover from <br /> COUNTY all reasonable costs and expenses of EUGENE'S investigation <br /> if the investigation demonstrates that action is necessary to <br /> comply with an environmental requirement. If the results of <br /> EUGENE'S investigation demonstrate that no further action is <br /> required to comply with environmental requirements, then COUNTY is <br /> not required to pay EUGENE for any of EUGENE'S costs and expenses <br /> of EUGENE'S investigation. <br /> (iii) If a release of a hazardous material is caused by the negli- <br /> gence of EUGENE'S officers, employees or agents, then COUNTY and <br /> EUGENE shall meet and confer about the proper allocation of reme- <br /> diation costs between EUGENE and COUNTY. The allocation of reme- <br /> diation costs shall take into account factors including but not <br /> limited to: (1) the COUNTY's general responsibility for the pre- <br /> sence of the hazardous materials at the site arising from its <br /> having operated a COUNTY landfill there; (2) the necessity of <br /> undertaking the remediation as a result of the negligence of the <br /> EUGENE officer, employee or agent and the relative degree of <br /> negligence; (3) whether the release would have occurred in the <br /> near future even without the negligence of the EUGENE officer, <br /> employee or agent; and (4) the extent to which the negligence <br /> would have caused damage had that same act of negligence occurred <br /> other than on the landfill. <br /> (iv) If EUGENE desires to undertake development in the Central <br /> Section of East Alton Baker Park which is inconsistent with the <br /> Alton Baker Park Master Plan in effect as of the date of execution <br /> of this Agreement, then any remediation necessary in order for <br /> development to occur shall be the responsibility of EUGENE. <br /> c. COUNTY agrees to indemnify, defend and hold harmless EUGENE from <br /> and against any and all environmental damages arising from the presence <br /> of hazardous materials upon, about or beneath the Central Section of <br /> East Alton Baker Park (the property) or migrating from the property, or <br /> arising in any manner whatsoever out of the violation of any environ- <br /> mental requirements pertaining to the property, except to the extent <br /> that investigation costs are the responsibility of EUGENE under sub- <br /> paragraph (ii) of this paragraph b. of this Section, or the environ- <br /> mental damages are caused by the negligence of EUGENE officers, employ <br /> ees or agents and the liabilities for the damages are allocated to <br /> EUGENE under subparagraph (iii) of paragraph b. of this Section, or <br /> EUGENE bears the responsibility under subparagraph (iv) of paragraph b. <br /> of this Section. <br /> d. COUNTY agrees to indemnify, defend and hold harmless SPRINGFIELD <br /> and DISTRICT from and against any and all environmental damages arising <br /> 2.19.93 9 <br /> 23 <br />