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38. If EPA determines in a decision document prepared in accordance with the NCP <br /> that institutional controls in the form of state or local laws,regulations, ordinances, zoning <br /> restrictions or other governmental controls or notices are needed in addition to the Notice of <br /> Environmental Use Restrictions referenced in Paragraph 31, Purchaser shall cooperate with <br /> EPA's efforts to secure and ensure compliance with such institutional controls. <br /> 39. Prior to notice of completion of the Work pursuant to Paragraph 109, in the event <br /> of any Transfer of the Property,unless the United States otherwise consents in writing, Purchaser <br /> shall continue to comply with its obligations under the Settlement. <br /> 40. Notice to Successors-in-Title. <br /> a. Within 10 working days of the Effective Date, Purchaser shall <br /> record the Notice to Successors-in-Title attached hereto as Appendix E in the Ouray County <br /> clerk and recorder's office. Purchaser shall submit to EPA,within 10 days thereafter, a certified <br /> copy of the recorded notice. <br /> b. Prior to notice of completion of the Work pursuant to Paragraph <br /> 109,Purchaser shall,prior to entering into a contract to Transfer its Property, or 60 days prior to <br /> Transferring its Property, whichever is earlier: <br /> (1) Notify the proposed transferee that EPA has selected Work <br /> regarding the Site,that it has entered into an Administrative Settlement Agreement and Order on <br /> Consent requiring implementation of such Work, (identifying the name, docket number and the <br /> effective date of this Settlement); and <br /> (2) Notify EPA of the name and address of the proposed <br /> transferee and provide EPA with a copy of the above notice that it provided to the proposed <br /> transferee. <br /> 41. Notwithstanding any provision of the Settlement, EPA retains all of its access <br /> authorities and rights, including enforcement authorities related thereto under CERCLA, RCRA <br /> and any other applicable statute or regulations. <br /> X. ACCESS TO INFORMATION <br /> 42. Purchaser shall provide to EPA,upon request, copies of all records, reports, <br /> documents and other information(including records, reports, documents and other information in <br /> electronic form) (hereinafter referred to as Records)within Purchaser's possession or control or <br /> that of its contractors or agents relating to activities at the Site or to the implementation of this <br /> Settlement, including, but not limited to, sampling, analysis,chain of custody records, manifests, <br /> trucking logs,receipts, reports, sample traffic routing, correspondence or other documents or <br /> information regarding the Work. Purchaser shall also make available to EPA, for purposes of <br /> investigation, information gathering, or testimony, its employees, agents or representatives with <br /> knowledge of relevant facts concerning the performance of the Work. <br /> 43. Privileged and Protected Claims. <br /> 15 <br />