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23. Remcor is a professional engineering firm c;apable <br />of perfonning the tasks set forth in the Agreement and attached <br />Proposal. Remcor has performed previous evaluation work ;Eor the <br />Debtor in connection with the Cherry Farm Site. <br />24. Remcor is a creditor of the Debtor and has filed a <br />claim for $7,326.74 in connection with unpaid amounts relating to <br />Remcor's work at the Cherry Farm Site. <br />Request for Approval of Motion <br />25. The Debtor believes the retention of Remcor to <br />perform the evaluations of the Four Sites is in the best interest <br />of its bankruptcy estate. <br />26. As explained in the accompanying memorandum, the <br />Debtor does not believe that it is necessary to employ Remcor as <br />a professional pursuant to 11 U.S.C. § 327. <br />27. The Debtor requests that the Court approve the <br />Agreement. and that it be allowed to use its property as necessary <br />to complete its obligation and perform under the Agreemernt. <br />28. If the use of property to employ Remcor i~; outside <br />the ordinary course of business (see attached memorandum), such <br />use is permissible pursuant to Bankruptcy Code Section 363 which <br />permits the use of property of the estate, other than in the <br />ordinary course of business, after notice and a hearing. <br />12 <br />