Raytheon. As disclosed in the Existing Environmental Reports, a former Raytheon Company (“Raytheon”) facility is situated north of the Real Property (the “Raytheon Facility”). Certain releases of Hazardous Materials occurred on the Raytheon Facility that impacted groundwater underlying the Raytheon Facility. The California Regional Water Quality Control Board (the “Water Board”) is overseeing the investigation and remediation of the Raytheon Facility. Raytheon and Seller entered into that certain Access Agreement dated December 27, 2004 and that certain First Amendment to Access Agreement dated November 8, 2007 (collectively, the “Raytheon Access Agreement”), pursuant to which Seller provided Raytheon access to the Project and Raytheon caused certain groundwater sampling to be conducted and certain groundwater monitoring wells to be installed on the Project at the locations shown on Exhibit “J” attached hereto (the “Raytheon Wells”). Raytheon is continuing to sample the groundwater through and from the Raytheon Wells installed on the Project and to report said results to the Water Board. At the Closing, Purchaser shall receive a specific non-exclusive assignment of Seller’s right, title and interest in and to the Raytheon Access Agreement with respect to the Property, which shall be subject to Seller retaining all rights pertaining to the portion of the Project not included in the Land, and in all events pertaining to the period of time prior to the Closing, in substantially the form attached as Exhibit “L” hereto (the “Raytheon Assignment”). Seller shall use good faith efforts to have Raytheon sign the acknowledgement page of the Raytheon Assignment in the form attached to Exhibit “L” and deliver a copy of same to Purchaser and Escrow Holder prior to the expiration of the Due Diligence Period, with the originals to be delivered at the Closing; provided that the failure to obtain the Raytheon acknowledgment shall constitute a failure of a condition to the Closing for Purchaser’s benefit and shall not constitute a default by Seller. In connection therewith, Purchaser shall acquire the Real Property subject to the Raytheon Access Agreement, including, but not limited to, the access provisions of the Raytheon Access Agreement described above.
Raytheon. Nothing contained herein shall restrict Raytheon's right to enforce its liens and security interests or exercise any other right or remedy with respect to the Raytheon Primary Collateral or Raytheon Purchase Money Collateral in accordance with the provisions of the Raytheon Loan Instruments, the agreements and instruments evidencing purchase money debt of the Borrower to Raytheon, and applicable law.
Raytheon. For employees hired on or before February 15, 2018, seniority is defined as including the whole span of continuous service with the present contractor, or successor, and with predecessor contractors, in the performance of the Contract at Fort Irwin. Employees hired after February 15, 2018 will establish their seniority from date of hire into the bargaining unit.