Common use of TERMINATION AND SATISFACTION Clause in Contracts

TERMINATION AND SATISFACTION. A. At any time, IDEM may reject a RWP, withdraw its approval of a RWP, withdraw from this Agreement, or terminate the Applicant’s participation in VRP if: (1) the person proposing or implementing the work plan fails substantially to comply with the terms and conditions of an approved voluntary remediation investigation plan, an approved RWP, or this Agreement, including but not limited to: (a) failure to obtain access in accordance with Exhibit C, Part I, or (b) failure to pay properly documented IDEM Administrative Costs on a timely basis; or (2) a release of a hazardous substance or petroleum causes an imminent and substantial threat to human health or the environment; or (3) the Applicant fails to take appropriate and timely action to address the release or threatened release of a hazardous substance or petroleum. B. In the event that IDEM withdraws from this Agreement and terminates Applicant’s participation in the VRP for any reason, all protection provided under IC 13-25-5-18(g) is extinguished and IDEM may bring any action to enforce any statute or regulation under Title 13 of the Indiana Code, including an action regarding the violations that arose from a release subject to this Agreement, and the Applicant shall remain responsible for Administrative Costs incurred to the time of termination. The Applicant agrees and understands that if IDEM terminates Applicant’s participation in the VRP, the Applicant may be responsible for subsequent administrative and response costs as provided by applicable law. If IDEM rejects a RWP, withdraws approval of a RWP, withdraws from this Agreement, or terminates the Applicant’s participation in the VRP, IDEM may bring an action, including an administrative action, against the Applicant. C. If IDEM terminates the Applicant’s participation in the VRP, the Applicant may reapply to the VRP. However, notwithstanding IC 13-25-5-5(a), IDEM may in its discretion use its basis for terminating the Applicant’s participation in the VRP as a reason for rejecting the Applicant’s reapplication to the VRP. Any reapplication to the VRP may, in IDEM’s discretion, be subject to guidance, rules, or other documents approved or required by VRP at the time of reapplication, including modifications to IDEM’s Remediation Closure Guide or changes in default screening levels. This paragraph 23.C shall survive termination or satisfaction of this Agreement. D. The provisions of this Agreement shall be satisfied when IDEM issues a Certificate of Completion to the Applicant. The Parties understand that IDEM will issue the Certificate of Completion to the Applicant only. E. Nothing in this Agreement shall restrict IDEM from seeking other appropriate relief to protect human health or the environment from pollution or contamination at or from this Site not remediated in accordance with this Agreement. F. After IDEM issues the Certificate of Completion, the Governor’s Office shall provide Applicant with a Covenant Not To ▇▇▇ pursuant to IC 13-25-5-18. The Covenant Not To ▇▇▇ shall contain a listing of the specific work accomplished and the contaminants remediated. The parties understand that the Governor’s Office will issue the Covenant Not To ▇▇▇ to the Applicant only. The Applicant agrees and understands that the covenant shall be conditioned upon and limited to Site conditions described in the approved RWP, provided that the information submitted by the Applicant was complete and accurate. G. The Applicant agrees and understands that the obligations found in paragraph 3 (Access to Records) and paragraph 9 (Administrative Costs) of this Agreement shall survive termination or satisfaction of this Agreement.