PORTLAND STORM WATER WORK. Using such environmental consultants, contractors, professionals, plans, and specifications as are reasonably acceptable to and approved in advance and in writing by Purchaser, the Shareholders agree to undertake and complete within thirty (30) days after the date of this Agreement, sampling of storm water discharges at Portland at a frequency and location designed to establish the representative characteristics of such discharges into the storm sewer (which includes any conduits or pathways to state or United States' waters) at the facility and determine whether the facility's discharges at appropriate compliance points are subject to pretreatment or other treatment requirements to meet any Applicable Benchmarks and/or any Requirements of Environmental Laws which as of the Closing Date are in effect, or proposed and published, and apply to the facility's operations. Purchaser shall receive prior notice of the date and time of such sampling events and shall have the right (but not the obligation) to be present. If the results of such sampling and analyses demonstrate that the facility's discharges must be treated or pretreated to comply with any Applicable Benchmarks and all Requirements of Environmental Laws which as of the Closing Date are in effect, or proposed and published, and apply to the facility's operations, then using such environmental consultants, contractors, professionals, plans, and specifications as are reasonably acceptable to and approved in writing and in advance by Purchaser, the Shareholders shall diligently and promptly take all necessary actions and acquire and install all necessary fixtures, equipment, and capital items and shall otherwise cause the implementation of any necessary storm water treatment/pretreatment in compliance with all Requirements of Environmental Laws which as of the Closing Date are in effect, or proposed and published, and apply to the facility's operations. The Shareholders' obligations under this SECTION 9.2(e) shall be deemed satisfied when (i) sufficient documentation and other evidence is provided to Purchaser's environmental consultants such that Purchaser's environmental consultants can render an opinion in their reasonable judgment that the discharges of Storm Water from the Portland facility comply (and will continue to comply) with any Applicable Benchmarks and all Requirements of Environmental Laws, provided those operations remain consistent with those currently conducted or in a manner that does ...
