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Records (including Records in electronic form)now in its possession or control or that come into <br /> its possession or control that relate in any manner to the performance of the Work,provided, <br /> however,that Purchaser(and its contractors and agents) must retain, in addition, copies of all <br /> data generated during the performance of the Work and not contained in the aforementioned <br /> Records required to be retained. Each of the above record retention requirements shall apply <br /> regardless of any corporate retention policy to the contrary. <br /> 47. At the conclusion of the document retention period, Purchaser shall notify EPA at <br /> least 90 days prior to the destruction of any such Records, and,upon request by EPA, and except <br /> as provided in Paragraph 43 (Privileged and Protected Claims), Purchaser shall deliver any such <br /> Records to EPA. <br /> 48. Purchaser certifies that, to the best of its knowledge and belief, after thorough <br /> inquiry, it has not altered, mutilated, discarded, destroyed or otherwise disposed of any Records <br /> (other than identical copies)relating to its potential liability regarding the Site since notification <br /> of potential liability by EPA and that it has fully complied with any and all EPA requests for <br /> information regarding the Site pursuant to Sections 104(e) and 122(e) of CERCLA, 42 U.S.C. §§ <br /> 9604(e) and 9622(e), and Section 3007 of RCRA, 42 U.S.C. § 6927, and state law. <br /> XII. COMPLIANCE WITH OTHER LAWS <br /> 49. Nothing in this Settlement limits Purchaser's obligations to comply with the <br /> requirements of all applicable state and federal laws and regulations, except as provided in <br /> Section 121(e) of CERCLA, 42 U.S.C. § 6921(e), and 40 C.F.R. §§ 300.400(e) and 300.415(j). <br /> In accordance with 40 C.F.R. § 300.415(j), all on-Site actions required pursuant to this <br /> Settlement shall, to the extent practicable, as determined by EPA, considering the exigencies of <br /> the situation, attain applicable or relevant and appropriate requirements (ARARs)under federal <br /> environmental or state environmental or facility siting laws. <br /> 50. No local, state or federal permit shall be required for any portion of the Work <br /> conducted entirely on-Site (i.e., within the areal extent of contamination or in very close <br /> proximity to the contamination and necessary for implementation of the Work), including <br /> studies, if the action is selected and carried out in compliance with Section 121 of CERCLA, 42 <br /> U.S.C. § 9621. Where any portion of the Work that is not on-Site requires a federal or state <br /> permit or approval, Purchaser shall submit timely and complete applications and take all other <br /> actions necessary to obtain and to comply with all such permits or approvals. Purchaser may seek <br /> relief under the provisions of Section XVI (Force Majeure) for any delay in the performance of <br /> the Work resulting from a failure to obtain, or a delay in obtaining, any permit or approval <br /> required for the Work,provided that it has submitted timely and complete applications and taken <br /> all other actions necessary to obtain all such permits or approvals. This Settlement is not, and <br /> shall not be construed to be, a permit issued pursuant to any federal or state statute or regulation. <br /> XIII. EMERGENCY RESPONSE AND NOTIFICATION OF RELEASES <br /> 51. Emergency Response. If any event occurs during performance of the Work that <br /> causes or threatens to cause a release of Waste Material on, at or from the Site that either <br /> constitutes an emergency situation or that may present an immediate threat to public health or <br /> 17 <br />