Common use of Lead Agencies Clause in Contracts

Lead Agencies. a. Within 90 days following the Effective Date in the first year and thereafter by January 1 of each year following the Effective Date, the Multistate Trustee shall provide to the Lead Agency for each of the Multistate Trust Environmental Cost and Work Accounts, a statement showing the balance of each cost account and proposed budget for the coming year. The Lead Agency shall have the authority to approve or disapprove the proposed budget for the relevant Multistate Trust Environmental Cost or Work Account, but only after consultation with the Non-Lead Agency where the Non-Lead Agency requests such consultation (the “Non Lead Agency” will be US EPA for Sites where a State is the Lead Agency, and the State when US EPA is the Lead Agency). Further details relating to the proposal and approval of budgets for the Multistate Trust Environmental Cost Account for the Owned Service Stations may be set forth in the Multistate Trust Agreement. b. The Multistate Trustee shall pay funds from a Multistate Trust Environmental Cost or Work Account to the Lead Agency making a written request for funds for reimbursement within 30 days following such request. Such written request shall: (i) be in accordance with the approved budget set forth in Subparagraph 12(a) above, and (ii) shall specify what the funds were used for and shall certify that they were used only for Environmental Actions performed and/or oversight costs incurred after the Effective Date by the Lead Agency with respect to that Site. With respect to any of the Multistate Trust Environmental Work Accounts, however, such funds may not include future oversight costs. c. The Multistate Trustee shall also pay funds from a Multistate Trust Environmental Cost or Work Account to the Non-Lead Agency making a written request for funds within 30 days following such request where the Lead Agency has requested the assistance of the Non-Lead Agency with respect to that Site. Such written request shall: (i) be in accordance with the approved budget set forth in Subparagraph 12(a) above, and (ii) shall specify what the funds were used for and shall certify that they were used only for Environmental Actions performed and/or oversight costs incurred after the Effective Date by the Non-Lead Agency with respect to that Site. With respect to any of the Multistate Trust Environmental Work Accounts, however, such funds may not include future oversight costs. d. In the case of requests by the Lead Agency to the Multistate Trustee to use the funds from a particular Multistate Trust Environmental Cost Account or Work Account to perform Environmental Actions in accordance with the approved budget set forth in Subparagraph 12(a) above, the Multistate Trustee shall utilize the funds and interest earned thereon from that Multistate Trust Environmental Cost Account or Work Account to undertake such work promptly and in accordance with any schedule approved by the Lead Agency. The Multistate Trustee shall seek the approval of the Lead Agency of any contractor hired by the Multistate Trustee and any work plans to be undertaken by the Multistate Trust under the oversight of the Lead Agency, unless the Lead Agency has provided a written waiver of such approval or requirements. The Multistate Trustee shall require liability insurance as set forth in the Multistate Trust Agreement from each contractor hired to perform work. e. For purposes of the Multistate Trust, the Lead Agencies for the Multistate Owned Funded Sites and the Non-Owned Service Stations are as follows: Birmingport, AL State of Alabama Mobile, AL State of Alabama Jacksonville, FL (▇▇▇▇-▇▇▇▇▇ Chemical LLC Site) US EPA Jacksonville, FL (Terminal Site) State of Florida Soda Springs, ID US EPA Rushville, IN Indiana Department of Environmental Management Bossier City, LA State of Louisiana ▇▇▇▇▇▇▇, LA State of Louisiana Meridian, MS US EPA Columbus, MS US EPA Kansas City, MO State of Missouri Springfield, MO State of Missouri Wilmington (Navassa), NC US EPA Bristol Mine, NV (see below) ▇▇▇▇▇▇▇▇ Mine, NV (see below) Rome, NY New York State Department of Environmental Conservation Cleveland, OK State of Oklahoma ▇▇▇▇▇▇▇, OK State of Oklahoma Avoca, PA State of Pennsylvania Beaumont, TX State of Texas Corpus Christi, TX (Corpus Christi Terminal No. 1) State of Texas Owned Service Stations and Non-Owned Service Stations The respective State in which the service station is located shall be the Lead Agency. For the Bristol Mine Site and the ▇▇▇▇▇▇▇▇ Mine Site in Nevada, the Lead Agency and the Non-Lead Agency shall be one of the following three agencies: BLM, US EPA, or the Nevada Division of Environmental Protection. The United States and State of Nevada will jointly notify the Multistate Trustee, on or before the Effective Date, which agency will be Lead Agency and which agency will be Non-Lead Agency. This notification may designate a different agency as Lead Agency or Non-Lead Agency for different portions of the Bristol Mine Site or the ▇▇▇▇▇▇▇▇ Mine Site. f. The Lead Agency for a Site shall consult with the Non- Lead Agency for that Site relating to approval of the budget or requests for funding for cleanup of the Site if such consultation is requested. US EPA and the State may provide the Multistate Trustee with joint written notice that the Lead Agency for a Multistate Owned Funded Site or Non-Owned Service Station has changed.

Lead Agencies. a. Within 90 days following the Effective Date in the first year and thereafter by January 1 of each year following the Effective Date, the Multistate Trustee shall provide to the Lead Agency for each of the Multistate Trust Environmental Cost and Work Accounts, a statement showing the balance of each cost account and proposed budget for the coming year. The Lead Agency shall have the authority to approve or disapprove the proposed budget for the relevant Multistate Trust Environmental Cost or Work Account, but only after consultation with the Non-Lead Agency where the Non-Lead Agency requests such consultation (the “Non Lead Agency” will be US EPA for Sites where a State is the Lead Agency, and the State when US EPA is the Lead Agency). Further details relating to the proposal and approval of budgets for the Multistate Trust Environmental Cost Account for the Owned Service Stations may be set forth in the Multistate Trust Agreement. b. The Multistate Trustee shall pay funds from a Multistate Trust Environmental Cost or Work Account to the Lead Agency making a written request for funds for reimbursement within 30 days following such request. Such written request shall: (i) be in accordance with the approved budget set forth in Subparagraph 12(a) above, and (ii) shall specify what the funds were used for and shall certify that they were used only for Environmental Actions performed and/or oversight costs incurred after the Effective Date by the Lead Agency with respect to that Site. With respect to any of the Multistate Trust Environmental Work Accounts, however, such funds may not include future oversight costs. c. The Multistate Trustee shall also pay funds from a Multistate Trust Environmental Cost or Work Account to the Non-Lead Agency making a written request for funds within 30 days following such request where the Lead Agency has requested the assistance of the Non-Lead Agency with respect to that Site. Such written request shall: (i) be in accordance with the approved budget set forth in Subparagraph 12(a) above, and (ii) shall specify what the funds were used for and shall certify that they were used only for Environmental Actions performed and/or oversight costs incurred after the Effective Date by the Non-Lead Agency with respect to that Site. With respect to any of the Multistate Trust Environmental Work Accounts, however, such funds may not include future oversight costs. d. In the case of requests by the Lead Agency to the Multistate Trustee to use the funds from a particular Multistate Trust Environmental Cost Account or Work Account to perform Environmental Actions in accordance with the approved budget set forth in Subparagraph 12(a) above, the Multistate Trustee shall utilize the funds and interest earned thereon from that Multistate Trust Environmental Cost Account or Work Account to undertake such work promptly and in accordance with any schedule approved by the Lead Agency. The Multistate Trustee shall seek the approval of the Lead Agency of any contractor hired by the Multistate Trustee and any work plans to be undertaken by the Multistate Trust under the oversight of the Lead Agency, unless the Lead Agency has provided a written waiver of such approval or requirements. The Multistate Trustee shall require liability insurance as set forth in the Multistate Trust Agreement from each contractor hired to perform work. e. For purposes of the Multistate Trust, the Lead Agencies for the Multistate Owned Funded Sites and the Non-Owned Service Stations are as follows: Birmingport, AL State of Alabama Mobile, AL State of Alabama Jacksonville, FL (▇▇▇▇-▇▇▇▇▇ US EPA Chemical LLC Site) US EPA Jacksonville, FL (Terminal Site) State of Florida Site) Soda Springs, ID US EPA Rushville, IN Indiana Department of Environmental Management Bossier City, LA State of Louisiana ▇▇▇▇▇▇▇, LA State of Louisiana Meridian, MS US EPA Columbus, MS US EPA Kansas City, MO State of Missouri Springfield, MO State of Missouri Wilmington (Navassa), NC US EPA Bristol Mine, NV (see below) ▇▇▇▇▇▇▇▇ Mine, NV (see below) Rome, NY New York State Department of Environmental Conservation Cleveland, OK State of Oklahoma ▇▇▇▇▇▇▇, OK State of Oklahoma Avoca, PA State of Pennsylvania Beaumont, TX State of Texas Corpus Christi, TX (Corpus State of Texas Christi Terminal No. 1) Texarkana, TX State of Texas Owned Service Stations and The respective State in which Non-Owned Service Stations The respective State in which the service station is located shall be the Lead Agency. For the Bristol Mine Site and the ▇▇▇▇▇▇▇▇ Mine Site in Nevada, the Lead Agency and the Non-Lead Agency shall be one of the following three agencies: BLM, US EPA, or the Nevada Division of Environmental Protection. The United States and State of Nevada will jointly notify the Multistate Trustee, on or before the Effective Date, which agency will be Lead Agency and which agency will be Non-Lead Agency. This notification may designate a different agency as Lead Agency or Non-Lead Agency for different portions of the Bristol Mine Site or the ▇▇▇▇▇▇▇▇ Mine Site. f. The Lead Agency for a Site shall consult with the Non- Lead Agency for that Site relating to approval of the budget or requests for funding for cleanup of the Site if such consultation is requested. US EPA and the State may provide the Multistate Trustee with joint written notice that the Lead Agency for a Multistate Owned Funded Site or Non-Owned Service Station has changed.

Lead Agencies. a. Within 90 days following the Effective Date in the first year and thereafter by January 1 of each year following the Effective Date, the Multistate Trustee shall provide to the Lead Agency for each of the Multistate Trust Environmental Cost and Work Accounts, a statement showing the balance of each cost account and proposed budget for the coming year. The Lead Agency shall have the authority to approve or disapprove the proposed budget for the relevant Multistate Trust Environmental Cost or Work Account, but only after consultation with the Non-Lead Agency where the Non-Lead Agency requests such consultation (the “Non Lead Agency” will be US EPA for Sites where a State is the Lead Agency, and the State when US EPA is the Lead Agency). Further details relating to the proposal and approval of budgets for the Multistate Trust Environmental Cost Account for the Owned Service Stations may be set forth in the Multistate Trust Agreement.Agreement.‌ b. The Multistate Trustee shall pay funds from a Multistate Trust Environmental Cost or Work Account to the Lead Agency making a written request for funds for reimbursement within 30 days following such request. Such written request shall: (i) be in accordance with the approved budget set forth in Subparagraph 12(a11(a) above, and (ii) shall specify what the funds were used for and shall certify that they were used only for Environmental Actions performed and/or oversight costs incurred after the Effective Date by the Lead Agency with respect to that Site. With respect to any of the Multistate Trust Environmental Work Accounts, however, such funds may not include future oversight costs. c. The Multistate Trustee shall also pay funds from a Multistate Trust Environmental Cost or Work Account to the Non-Lead Agency making a written request for funds within 30 days following such request where the Lead Agency has requested the assistance of the Non-Lead Agency with respect to that Site. Such written request shall: (i) be in accordance with the approved budget set forth in Subparagraph 12(a) above, and (ii) shall specify what the funds were used for and shall certify that they were used only for Environmental Actions performed and/or oversight costs incurred after the Effective Date by the Non-Lead Agency with respect to that Site. With respect to any of the Multistate Trust Environmental Work Accounts, however, such funds may not include future oversight costs. d. In the case of requests by the Lead Agency to the Multistate Trustee to use the funds from a particular Multistate Trust Environmental Cost Account or Work Account to perform Environmental Actions in accordance with the approved budget set forth in Subparagraph 12(a) above, the Multistate Trustee shall utilize the funds and interest earned thereon from that Multistate Trust Environmental Cost Account or Work Account to undertake such work promptly and in accordance with any schedule approved by the Lead Agency. The Multistate Trustee shall seek the approval of the Lead Agency of any contractor hired by the Multistate Trustee and any work plans to be undertaken by the Multistate Trust under the oversight of the Lead Agency, unless the Lead Agency has provided a written waiver of such approval or requirements. The Multistate Trustee shall require liability insurance as set forth in the Multistate Trust Agreement from each contractor hired to perform work. e. For purposes of the Multistate Trust, the Lead Agencies for the Multistate Owned Funded Sites and the Non-Owned Service Stations are as follows: Birmingport, AL State of Alabama Mobile, AL State of Alabama Jacksonville, FL (▇▇▇▇-▇▇▇▇▇ Chemical LLC Site) US EPA Jacksonville, FL (Terminal Site) State of Florida Soda Springs, ID US EPA Madison, IL State of Illinois Sauget, IL State of Illinois Indianapolis, IN State of Indiana Rushville, IN Indiana Department of Environmental Management Bossier City, LA State of Louisiana ▇▇▇▇▇▇▇, LA State of Louisiana Meridian, MS US EPA Columbus, MS US EPA Kansas City, MO State of Missouri Springfield, MO State of Missouri Wilmington (Navassa), NC US EPA Bristol Mine, NV (see below) ▇▇▇▇▇▇▇▇ Mine, NV (see below) Rome, NY New York State Department of Environmental Conservation Cleveland, OK State of Oklahoma ▇▇▇▇▇▇▇, OK State of Oklahoma Avoca, PA State of Pennsylvania Beaumont, TX State of Texas Corpus Christi, TX (Corpus Christi Terminal No. 1) State of Texas Texarkana, TX State of Texas Owned Service Stations and Non-Owned Service Stations The respective State in which the service station is located shall be the Lead Agency. For the Bristol Mine Site and the ▇▇▇▇▇▇▇▇ Mine Site in Nevada, the Lead Agency and the Non-Lead Agency shall be one of the following three agencies: BLM, US EPA, or the Nevada Division of Environmental Protection. The United States and State of Nevada will jointly notify the Multistate Trustee, on or before the Effective Date, which agency will be Lead Agency and which agency will be Non-Lead Agency. This notification may designate a different agency as Lead Agency or Non-Lead Agency for different portions of the Bristol Mine Site or the ▇▇▇▇▇▇▇▇ Mine Site. f. The Lead Agency for a Site shall consult with the Non- Lead Agency for that Site relating to approval of the budget or requests for funding for cleanup of the Site if such consultation is requested. US EPA and the State may provide the Multistate Trustee with joint written notice that the Lead Agency for a Multistate Owned Funded Site or Non-Owned Service Station has changed.