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d. Criminal liability; <br /> e. Liability for violations of federal or state law that occur during or <br /> after implementation of the Work; <br /> f. Liability for damages for injury to, destruction of or loss of natural <br /> resources, and for the costs of any natural resource damage assessments; <br /> g. Liability arising from the past,present or future disposal, release or <br /> threat of release of Waste Materials outside of the Site; and <br /> h. Liability for costs incurred or to be incurred by ATSDR related to <br /> the Site not paid as Future Response Costs under this Settlement. <br /> i. Liability for Phase 2 Work in the event Purchaser successfully <br /> elects to implement such Work under the DRMS permit. <br /> 79. Work Takeover. <br /> a. In the event EPA determines that Purchaser: (1)has ceased <br /> implementation of any portion of the Work; (2) is seriously or repeatedly deficient or late in its <br /> performance of the Work; or(3) is implementing the Work in a manner that may cause an <br /> endangerment to human health or the environment, EPA may issue a written notice (Work <br /> Takeover Notice)to Purchaser. Any Work Takeover Notice issued by EPA(which writing may <br /> be electronic)will specify the grounds upon which such notice was issued and will provide <br /> Purchaser a period of 3 days within which to remedy the circumstances giving rise to EPA's <br /> issuance of such notice. <br /> b. If, after expiration of the 3-day notice period specified in <br /> Paragraph 79.a, Purchaser has not remedied to EPA's satisfaction the circumstances giving rise <br /> to EPA's issuance of the relevant Work Takeover Notice, EPA may at any time thereafter <br /> assume the performance of all or any portion(s) of the Work as EPA deems necessary(Work <br /> Takeover). EPA will notify Purchaser in writing(which writing may be electronic) if EPA <br /> determines that implementation of a Work Takeover is warranted under this Paragraph 79.b. <br /> Funding of Work Takeover costs is addressed under Paragraph 102 (Access to Financial <br /> Assurance). <br /> c. Purchaser may invoke the procedures set forth in Paragraph 59 <br /> (Formal Dispute Resolution)to dispute EPA's implementation of a Work Takeover under <br /> Paragraph 79.b. However,notwithstanding Purchaser's invocation of such dispute resolution <br /> procedures, and during the pendency of any such dispute, EPA may in its sole discretion <br /> commence and continue a Work Takeover under Paragraph 79.b until the earlier of(1)the date <br /> that Purchaser remedies, to EPA's satisfaction,the circumstances giving rise to EPA's issuance <br /> of the relevant Work Takeover Notice, or(2)the date that a written decision terminating such <br /> Work Takeover is rendered in accordance with Paragraph 59 (Formal Dispute Resolution). <br /> 25 <br />