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a. Purchaser may assert all or part of a Record requested by EPA is <br /> privileged or protected as provided under federal law, in lieu of providing the Record,provided <br /> Purchaser complies with Paragraph 43.b, and except as provided in Paragraph 43.c. <br /> b. If Purchaser asserts such a privilege or protection, it shall provide <br /> EPA with the following information regarding such Record: its title; its date;the name,title, <br /> affiliation (e.g., company or firm) and address of the author, of each addressee and of each <br /> recipient; a description of the Record's contents; and the privilege or protection asserted. If a <br /> claim of privilege or protection applies only to a portion of a Record, Purchaser shall provide the <br /> Record to EPA in redacted form to mask the privileged or protected portion only. Purchaser shall <br /> retain all Records that it claims to be privileged or protected until EPA has had a reasonable <br /> opportunity to dispute the privilege or protection claim and any such dispute has been resolved in <br /> Purchaser's favor. <br /> c. Purchaser may make no claim of privilege or protection regarding: <br /> (1) any data regarding the Work, including, but not limited to, all sampling, analytical, <br /> monitoring, hydrogeologic, scientific, chemical, radiological or engineering data, or the portion <br /> of any other Record that evidences conditions at or around the Site related to the Work; or(2)the <br /> final version of any Record or portion thereof that Purchaser is required to create or generate <br /> pursuant to this Settlement. <br /> 44. Business Confidential Claims. Purchaser may assert that all or part of a Record <br /> provided to EPA under this Section or Section XI (Record Retention) is business confidential to <br /> the extent permitted by and in accordance with Section 104(e)(7) of CERCLA, 42 U.S.C. § <br /> 9604(e)(7), and 40 C.F.R. § 2.203(b). Purchaser shall segregate and clearly identify all Records <br /> or parts thereof submitted under this Settlement for which Purchaser assert business <br /> confidentiality claims. Records submitted to EPA determined to be confidential by EPA will be <br /> afforded the protection specified in 40 C.F.R. Part 2, Subpart B. If no claim of confidentiality <br /> accompanies Records when they are submitted to EPA, or if EPA has notified Purchaser that the <br /> Records are not confidential under the standards of Section 104(e)(7) of CERCLA or 40 C.F.R. <br /> Part 2, Subpart B, the public may be given access to such Records without further notice to <br /> Purchaser. <br /> 45. Notwithstanding any provision of this Settlement, EPA retains all of its <br /> information gathering and inspection authorities and rights, including enforcement actions <br /> related thereto,under CERCLA, RCRA and any other applicable statutes or regulations. <br /> XI. RECORD RETENTION <br /> 46. Until 10 years after EPA provides Purchaser with notice, pursuant to Section <br /> XXVIII (Notice of Completion of Work), that all Work has been fully performed in accordance <br /> with this Settlement, Purchaser shall preserve and retain all non-identical copies of Records <br /> (including Records in electronic form)now in its possession or control, or that come into its <br /> possession or control,that relate in any manner to its liability under CERCLA with regard to the <br /> Site. Purchaser must also retain, and instruct its contractors and agents to preserve, for the same <br /> period of time specified above all non-identical copies of the last draft or final version of any <br /> 16 <br />