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(4) If Grantee receives any Governmental Orders that should <br />have been issued to Grantor pursuant to this Section 6(h), Grantee shall provide notice of <br />such Governmental Orders to Grantor immediately, but in no case to exceed five (5) days <br />after receipt of such Governmental Orders, and shall meet with and inform Grantor of the <br />nature and amount of work required to abate any condition cited in such Governmental <br />Orders, and the parties shall jointly agree to the estimated cost therefor. Grantor may <br />assume the defense of any such Governmental Order and upon assuming such defense <br />take action as it deems necessary to abate or contest such Governmental Order. In the <br />event that Grantor does not assume such defense within ten (10) days after receipt of <br />Grantee's notice of such Governmental Order, Grantee may defend such Governmental <br />Order and take action as it deems necessary to abate or contest such Governmental Order. <br />Any fine, assessment or penalty received by Grantee as a result of such Governmental <br />Order and paid by Grantee shall be reimbursed by Grantor within thirty {30) days of <br />receipt of notice of payment. In the event Grantor does not assume the defense of any <br />such Governmental Order, Grantor shall also promptly reimburse Grantee the agreed <br />estimated costs (and in no event more than ten (10) days after parties agree to such costs) <br />associated with abating and/or contesting such Governmental Order, including, but not <br />limited to, all labor, construction and other physical work and all legal, engineering or <br />other expense. <br />{C0907205.1 } <br /> <br />3-4.52 <br />