Common use of TERMINATION AND SATISFACTION Clause in Contracts

TERMINATION AND SATISFACTION. 40.1 The provisions of this Agreement shall be deemed satisfied upon a consensus of the Parties that USACE has completed its obligations under the terms of this Agreement. Following EPA Certification of all the response actions at the Site pursuant to Subsection 9.8 of Section IX – WORK TO BE PERFORMED, any Party may propose in writing the termination of this Agreement upon a showing that the requirements of this Agreement have been satisfied. The obligations and objectives of this Agreement shall be deemed satisfied and terminated upon receipt by USACE of written notice from EPA, with concurrence of ODEQ and WDOE, that USACE has demonstrated that all the requirements of this Agreement have been satisfied. A Party opposing termination of this Agreement shall provide a written statement of the basis for its denial and describe the actions necessary to grant a termination notice to the proposing Party within ninety (90) days of receipt of the proposal. 40.2 Any disputes arising from this Termination and Satisfaction process shall be resolved pursuant to the provisions of Section XX – DISPUTE RESOLUTION, of this Agreement. 40.3 Upon termination of this Agreement, USACE shall place a public notice announcing termination in two (2) local newspapers of general circulation. 40.4 This Section shall not affect the Parties’ obligations pursuant to Section XIX – PERIODIC REVIEW or Section XXXI – RECORD PRESERVATION of this Agreement. In no event will this Agreement terminate prior to USACE's completion of the Work required by this Agreement. The undersigned representative certifies that he or she is fully authorized by the Party he or she represents to enter into the terms and conditions of this Agreement and to legally bind such Party to this Agreement. This Agreement shall apply to and be binding upon EPA and USACE. The States intend to voluntarily comply with the terms of this Agreement and are committed to full participation in the remediation efforts to be conducted pursuant to this Agreement. IT IS SO AGREED: By ___________________________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Assistant Secretary of the Army (Civil Works) U.S. Army Date March 5, 2024 The undersigned representative certifies that he or she is fully authorized by the Party he or she represents to enter into the terms and conditions of this Agreement and to legally bind such Party to this Agreement. This Agreement shall apply to and be binding upon EPA and USACE. The State intends to voluntarily comply with the terms of this Agreement and is committed to full participation in the remediation efforts to be conducted pursuant to this Agreement. IT IS SO AGREED: By ▇▇▇▇ ▇▇▇▇▇▇ Director Oregon Department of Environmental Quality Date 03/11/2024 ▇▇▇▇ ▇▇▇▇▇▇ The State does not consider this Agreement to be a contract and, as to the State, the Agreement creates no third-party beneficiaries.

TERMINATION AND SATISFACTION. 40.1 The provisions of this Agreement shall be deemed satisfied upon a consensus of the Parties that USACE has completed its obligations under the terms of this Agreement. Following EPA Certification of all the response actions at the Site pursuant to Subsection 9.8 of Section IX – WORK TO BE PERFORMED, any Party may propose in writing the termination of this Agreement upon a showing that the requirements of this Agreement have been satisfied. The obligations and objectives of this Agreement shall be deemed satisfied and terminated upon receipt by USACE of written notice from EPA, with concurrence of ODEQ and WDOE, that USACE has demonstrated that all the requirements of this Agreement have been satisfied. A Party opposing termination of this Agreement shall provide a written statement of the basis for its denial and describe the actions necessary to grant a termination notice to the proposing Party within ninety (90) days of receipt of the proposal. 40.2 Any disputes arising from this Termination and Satisfaction process shall be resolved pursuant to the provisions of Section XX – DISPUTE RESOLUTION, of this Agreement. 40.3 Upon termination of this Agreement, USACE shall place a public notice announcing termination in two (2) local newspapers of general circulation. 40.4 This Section shall not affect the Parties’ obligations pursuant to Section XIX – PERIODIC REVIEW or Section XXXI – RECORD PRESERVATION of this Agreement. In no event will this Agreement terminate prior to USACE's completion of the Work required by this Agreement. The undersigned representative certifies that he or she is fully authorized by the Party he or she represents to enter into the terms and conditions of this Agreement and to legally bind such Party to this Agreement. This Agreement shall apply to and be binding upon EPA and USACE. The States intend to voluntarily comply with the terms of this Agreement and are committed to full participation in the remediation efforts to be conducted pursuant to this Agreement. IT IS SO AGREED: By ___________________________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Assistant Secretary of the Army (Civil Works) U.S. Army Date March 5, 2024 The undersigned representative certifies that he or she is fully authorized by the Party he or she represents to enter into the terms and conditions of this Agreement and to legally bind such Party to this Agreement. This Agreement shall apply to and be binding upon EPA and USACE. The State intends to voluntarily comply with the terms of this Agreement and is committed to full participation in the remediation efforts to be conducted pursuant to this Agreement. IT IS SO AGREED: By ▇▇▇▇ ▇▇▇▇▇▇ Director Oregon Department of Environmental Quality Date 03/11/2024 ▇▇▇▇ ▇▇▇▇▇▇ signs this Agreement only as a statement of the intentions of the State. The State does not consider this Agreement to be a contract and, as to the State, the Agreement creates no third-party beneficiaries.

TERMINATION AND SATISFACTION. 40.1 41.1 The provisions of this Agreement shall be deemed satisfied upon a consensus of the Parties that USACE the Navy has completed its obligations under the terms of this Agreement. Following EPA Certification of all the response actions at the Site pursuant to Subsection 9.8 9.9.C of Section IX – - WORK TO BE PERFORMED, any Party may propose in writing the termination of this Agreement upon a showing that the requirements of this Agreement have been satisfied. The obligations and objectives of this Agreement shall be deemed satisfied and terminated upon receipt by USACE the Navy of written notice from the EPA, with concurrence of ODEQ and WDOEthe VDEQ, that USACE the Navy has demonstrated that all the requirements of this Agreement have been satisfied. A Party opposing termination of this Agreement shall provide a written statement of the basis for its denial and describe the actions necessary to grant a termination notice to the proposing Party within ninety (90) 90 days of receipt of the proposal. 40.2 41.2 Any disputes arising from this Termination and Satisfaction process shall be resolved pursuant to the provisions of Section XX – - DISPUTE RESOLUTION, of this Agreement. 40.3 41.3 Upon termination of this Agreement, USACE the Navy shall place a public notice announcing termination in two (2) major local newspapers of general circulation. 40.4 41.4 This Section shall not affect the Parties’ obligations pursuant to Section XIX – - PERIODIC REVIEW or Section XXXI – RECORD PRESERVATION REVIEW, of this Agreement. In no event will this Agreement terminate prior to USACE's the Navy’s completion of the Work required by this Agreement. The Each of the undersigned representative representatives of the Parties certifies that he or she is fully authorized by the Party he or she represents to enter into the terms and conditions of this Agreement and to legally bind such Party to this Agreement. This Agreement agreement shall apply to and be binding upon the EPA and USACEthe Navy. The States intend to voluntarily comply with the terms of this Agreement and are committed to full participation in the remediation efforts to be conducted pursuant to this Agreement. IT IS SO AGREED: By ___________________________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Assistant Secretary of the Army (Civil Works) U.S. Army Date March 5, 2024 The undersigned representative certifies that he or she is fully authorized by the Party he or she represents to enter into the terms and conditions of this Agreement and to legally bind such Party to this Agreement. This Agreement shall apply to and be binding upon EPA and USACE. The State Commonwealth intends to voluntarily comply with the terms of this Agreement and is committed to full participation in the remediation efforts to be conducted pursuant to this Agreement. IT IS SO AGREED: By ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ Director Oregon Department Deputy Assistant Secretary of Environmental Quality the Navy (Environment) Date 03/11/2024 By ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Waste Division Director Virginia Department of Environmental Quality Date ▇▇. ▇▇▇▇▇▇▇ signs this agreement only as a statement of the intentions of the Commonwealth. The State Commonwealth does not consider this Agreement agreement to be a contract and, as to the StateCommonwealth, the Agreement agreement creates no third-third party beneficiaries. By ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Regional Administrator Environmental Protection Agency, Regio n III Date AOC 13 PCP Dip Tanks/Building M-3 An SSA was conducted in 2003. AOC 14 Building 89 An SSA was conducted in 2003. AOC K Former Sewage Treatment Plant An SSA was conducted in 2003. Site 8 RFA - SWMU 9 Cross and Mine SSA recommended NFA but concerns remained regarding the historical record of 675,000 gallons of pesticide rinse water discharged at the site. A Site Investigation was conducted in 2003. Site 19 RFA - AOC H; Residual Ordnance at Building M-5 and 190 Wharf Area Building 190 SSA recommended further evaluation to evaluate potential human health risks. A Site Investigation was conducted in 2003. Site 21 Soil Staining at Building 187 SSA recommended further evaluation to evaluate potential human health risks. A Site Investigation was conducted in 2003. EPIC AOC 1 E Street and ▇▇▇▇▇ Road Ground Scarring SSA recommended further evaluation to evaluate potential human health and ecological risks. A Site Investigation was conducted in 2003. Site 1 RFA - SWMU 1; Dump A Waste Disposal Area A Consensus for NFA by Navy, VDEQ, and USEPA in November 2002 based on RRR data and September 2002 test pit information. Closed during SSA January 2003. Site 4 RFA - SWMU 7; Dump D Dumpster Storage at Landfill D Dumpsters are no longer present. Site 6 RFA - SWMU 8; Caged Pit; Small Arms Unit Caged Pit at the Burning Grounds NFA ROD signed September 2003. Site 7 RFA - SWMU 17; Old Storage Yard #1 Old Storage Yard Consensus for NFA in July 2001 by Navy, VDEQ, and USEPA pending debris removal. Debris at the site was removed in 4 th Quarter 2002. A construction removal document was produced in 2nd Quarter 2003. Site 9 PA - SWMU 13 Pest Control Building 249 Removed/remediated during construction of SIMA facility. Site 9 RFA - SWMU 23 Oil Water Separator at Building 249 Removed/remediated during construction of SIMA facility. Site 9 RFA - SWMU 25 Washrack Building 249 Removed/remediated during construction of SIMA facility. Site 10 RFA - SWMU 14; Hazardous Waste Disposal Area at Building 13 (Railroad Tracks) Waste Disposal at Railroad Tracks NFA consensus by Navy, VDEQ, and USEPA during a site visit in July 2001. Closed during SSA November 2002. Site 10 RFA - SWMU 31 Swale Beneath Building 13 NFA consensus by Navy, VDEQ, and USEPA during a site visit in July 2001. Closed during SSA November 2002. Site 11 RFA - SWMU 15 Waste Disposal at Building 53 (formerly referenced as Building 266) Consensus by Navy, VDEQ, and USEPA for NFA during a site visit in July 2001 for Site 11 and groundwater underlying site will be covered under Site 21 further study. Closed during SSA November 2002. Site 12 RFA - SWMU 16 Sand Blast Area Building 323 Removed/remediated during construction of SIMA facility. Site 13 RFA - SWMU 20 Waste Generation Area Removed/remediated during construction of SIMA facility. Site 14 Washrack Building 266 Removed/remediated during construction of SIMA facility. Site 15 RFA - SWMU 27; Fire Training Area at Building 271 Fire Training Area Will be investigated under the Navy’s Underground Storage Tank (UST) program and therefore, NFA under CERCLA consensus by Navy, VDEQ, and USEPA in July 2002. Site 16 RFA - SWMU 28 DRMO Storage/Salvage Yard While active, the DRMO does not fall under CERCLA and therefore, NFA under CERCLA consensus by Navy, VDEQ, and USEPA in July 2002. Regional inspections are conducted for stormwater management. Site 17 RFA - AOC A; Satellite Storage at Building 279 Storage Pad at Building 279 The roof and walls of Building 278/279 were demolished in early 2003, the flooring and concrete pilings are still in place awaiting final removal. Based upon the proximity to Site 2, consensus in February 2003 by Navy, VDEQ, and USEPA that further action related to Site 17 will be addressed under Site 2. Site 18 RFA - AOC C Blasting Grit at Building 279 During the July 2001 SJCA Partnering Team site visit, no blast grit was observed in several hand auger borings therefore, consensus for NFA was reached by Navy, VDEQ, and USEPA. Closed during SSA November 2002. Site 18 RFA - AOC B Air Compressor at Building 279 NFA consensus by Navy, VDEQ, and USEPA in July 2002. Regional inspections are conducted for stormwater management. Site 20 RFA - AOC I; Residual Ordnance at Wharf Area Wharf Area Sediments Navy Range Program will manage the site. Due to the potential for buried ordnance, signs were posted in FY 2003 to prohibit intrusive activities, the Navy will place a warning notice in LANTDIV Real Estate Documents, and notify the U.S. Army Corps of Engineers of the potential for UXO. During the July 2001 site visit, the Navy, VDEQ and USEPA reached consensus for NFA under CERCLA. Closed during SSA November 2002. AOC D Storm Water Outfalls Navy, VDEQ, and USEPA reached consensus for NFA under CERCLA, as the storm water outfalls will be investigated under CERCLA on a site- specific basis. Site-specific investigations may include sampling various outfalls to determine whether there has been a release of hazardous constituents. AOC E Temporary Pump Storage AOC E was remediated during a removal action conducted as part of the SIMA facility construction. Therefore, the SJCA Partnering Team reached consensus for NFA for AOC E based on the removal action. AOC F Underground Storage Tanks Navy, VDEQ, and USEPA reached consensus for NFA under CERCLA in July 2002, as AOC F is managed under the Navy’s UST Program. AOC G Former Process Buildings Navy, VDEQ, and USEPA reached consensus for NFA under CERCLA in July 2002 however, as new information becomes available on the locations and processes conducted at former process buildings, the SJCA Partnering Team will determine if new AOCs should be added. Any former process buildings identified for further evaluation will be evaluated on a site-specific basis. AOC J Former Ammunition Accumulation Areas Navy, VDEQ, and USEPA reached consensus for NFA under CERCLA, however, as new information becomes available on the manufacturing areas, the SJCA Partnering Team will determine if new AOCs should be added. Any former ammunition manufacturing areas identified for further evaluation will be evaluated on a site- specific basis. EPIC AOC 2 AOC 2 Piers in Front of Building 83 NFA consensus by Navy, VDEQ, and USEPA during a site visit in July 2001. Closed during SSA November 2002. EPIC AOC 3 AOC 3 Ground Scarring at Building M-5 NFA consensus by Navy, VDEQ, and USEPA during a site visit in July 2001. Closed during SSA November 2002. EPIC AOC 4 AOC 4 Parking Area South of Building M-1 NFA consensus by Navy, VDEQ, and USEPA during a site visit in July 2001. Closed during SSA November 2002. EPIC AOC 5 AOC 5 Possible Soil Staining Between Buildings 87 and 88 NFA consensus by Navy, VDEQ, and USEPA during a site visit in July 2001. Closed during SSA November 2002. EPIC AOC 6 AOC 6 Ground Scarring East of Site 2 NFA consensus by Navy, VDEQ, and USEPA during a site visit in July 2001. Closed during SSA November 2002. EPIC AOC 7 AOC 7 City of Portsmouth Outgrant Area NFA consensus by Navy, VDEQ, and USEPA during a site visit in July 2001. Closed during SSA November 2002. EPIC AOC 8 AOC 8 Possible Waste Disposal/ Bulk Storage Area NFA consensus by Navy, VDEQ, and USEPA during a site visit in July 2001. Closed during SSA November 2002. EPIC AOC 9 AOC 9 Ground Scarring Southwest of Building 55 NFA consensus by Navy, VDEQ, and USEPA during a site visit in July 2001. Closed during SSA November 2002. EPIC AOC 10 AOC 10 Ground Scarring in Wharf Area NFA consensus by Navy, VDEQ, and USEPA during a site visit in July 2001. Closed during SSA November 2002. EPIC AOC 11 AOC 11 Open Storage Area Northeast of Building 55 NFA consensus by Navy, VDEQ, and USEPA during a site visit in July 2001. Closed during SSA November 2002. EPIC AOC 12 AOC 12 ▇▇▇▇▇ Flat NFA consensus by Navy, VDEQ, and USEPA during a site visit in July 2001. Closed during SSA November 2002. SWMU 10 Hazardous Waste Container Storage Building 254Y Recommended for NFA in the RFA as SWMU 10 was assigned to RCRA Program as a >90 day storage bunker. Consensus by Navy, VDEQ, and USEPA for NFA under CERCLA in July 2002, as SWMU 10 was managed under RCRA. SWMU 11 Hazardous Waste Container Storage Building 163Y Recommended for NFA in the RFA as SWMU 11 was assigned to RCRA Program as a >90 day storage bunker. Consensus by Navy, VDEQ, and USEPA for NFA under CERCLA in July 2002, as SWMU 11 is managed under the Virginia Hazardous Waste Management Regulations. SWMU 12 PCB Storage Building 198 Recommended for NFA in the RFA. SWMU 12 is a current storage facility managed under TSCA therefore, consensus by Navy, VDEQ, and USEPA for NFA under CERCLA in July 2002. SWMU 18 Old Storage Yard #2 Recommended for NFA in the RFA. Currently in operation and Regional inspections are conducted for stormwater management. Consensus by Navy, VDEQ, and USEPA for NFA under CERCLA. SWMU 19 Old Storage Yard #3 RFA recommended action for better management practice. A site visit was performed in November 2002 by Navy, VDEQ, and USEPA to confirm status and consensus for NFA under CERCLA was reached.

TERMINATION AND SATISFACTION. 40.1 The provisions of this Agreement shall be deemed satisfied upon a consensus of the Parties that USACE the Army has completed its obligations under the terms of this Agreement. Following EPA Certification of all the response actions at the Site pursuant to Subsection 9.8 of Section IX – WORK TO BE PERFORMED, any Party may propose in writing the termination of this Agreement upon a showing that the requirements of this Agreement have been satisfied. The obligations and objectives of this Agreement shall be deemed satisfied and terminated upon receipt by USACE the Army of written notice from EPA, with concurrence of ODEQ and WDOEthe VDEQ, that USACE the Army has demonstrated that all the requirements of this Agreement have been satisfied. A Party opposing termination of this Agreement shall provide a written statement of the basis for its denial and describe the actions necessary to grant a termination notice to the proposing Party within ninety (90) days of receipt of the proposal. 40.2 Any disputes arising from this Termination and Satisfaction process shall be resolved pursuant to the provisions of Section XX – DISPUTE RESOLUTION, of this Agreement. 40.3 Upon termination of this Agreement, USACE the Army shall place a public notice announcing termination in two (2) local newspapers of general circulation. 40.4 This Section shall not affect the Parties’ obligations pursuant to Section XIX – PERIODIC REVIEW or Section XXXI – RECORD PRESERVATION of this Agreement. In no event will this Agreement terminate prior to USACEthe Army's completion of the Work required by this Agreement. The undersigned representative certifies that he or she is fully authorized by the Party he or she represents to enter into the terms and conditions of this Agreement and to legally bind such Party to this Agreement. This Agreement shall apply to and be binding upon EPA and USACE. The States intend to voluntarily comply with the terms of this Agreement and are committed to full participation in the remediation efforts to be conducted pursuant to this Agreement. IT IS SO AGREED: By ___________________________ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Assistant Secretary of the Army (Civil Works) U.S. Army Date March 5, 2024 The undersigned representative certifies that he or she is fully authorized by the Party he or she represents to enter into the terms and conditions of this Agreement and to legally bind such Party to this Agreement. This Agreement shall apply to and be binding upon EPA and USACE. The State intends to voluntarily comply with the terms of this Agreement and is committed to full participation in the remediation efforts to be conducted pursuant to this Agreement. IT IS SO AGREED: By ▇▇▇▇ ▇▇▇▇▇▇ Director Oregon Department of Environmental Quality Date 03/11/2024 ▇▇▇▇ ▇▇▇▇▇▇ The State does not consider this Agreement to be a contract and, as to the State, the Agreement creates no third-party beneficiaries.Date