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(1) Monitoring the Work; <br /> (2) Verifying any data or information submitted to the United <br /> States; <br /> (3) Conducting investigations regarding contamination at or <br /> near the Site; <br /> (4) Obtaining samples; <br /> (5) Assessing the need for,planning, implementing or <br /> monitoring response actions; <br /> (6) Assessing implementation of quality assurance and quality <br /> control practices as defined in the approved construction quality assurance quality control plan as <br /> defined in the approved QAPP; <br /> (7) Implementing the Work pursuant to the conditions set forth <br /> in Paragraph 79 (Work Takeover); <br /> (8) Inspecting and copying records, operating logs, contracts, <br /> or other documents maintained or generated by Purchaser or its agents, consistent with Section X <br /> (Access to Information); <br /> (9) Assessing Purchaser's compliance with the Settlement; and <br /> (10) Determining whether the Site is being used in a manner that <br /> is prohibited or restricted, or that may need to be prohibited or restricted. <br /> 36. Best Efforts. As used in this Section, "best efforts"means the efforts that a <br /> reasonable person in the position of Purchaser would use so as to achieve the goal in a timely <br /> manner, including the cost of employing professional assistance and the payment of reasonable <br /> sums of money to secure access and/or use restriction agreements, as required by this Section. If <br /> Purchaser is unable to accomplish what is required through"best efforts" in a timely manner, it <br /> shall notify EPA, and include a description of the steps taken to comply with the requirements. If <br /> EPA deems it appropriate, it may assist Purchaser, or take independent action, in obtaining such <br /> access and/or use restrictions. All costs incurred by the United States in providing such <br /> assistance or taking such action, including the cost of attorney time and the amount of monetary <br /> consideration or just compensation paid, constitute Future Response Costs to be reimbursed <br /> under Section XIV(Payment of Response Costs). <br /> 37. Prior to notice of completion of the Work pursuant to Paragraph 109, Purchaser <br /> shall not Transfer its Property unless it has first secured EPA's approval of, and transferee's <br /> consent to, an agreement that: (i) is enforceable by Purchaser and EPA; and(ii)requires the <br /> transferee to provide access to and refrain from using the Property to the same extent as is <br /> provided under Paragraphs 35.a. <br /> 14 <br />