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BK :00027 PG:0321
<br />or their affiliates or assigns shall allow Lee County and its affiliates or assigns, upon reasonable
<br />notice to Duke or Charah, to take split samples of Coal Ash at the Site subject to the following:
<br />(i) such split samples may be taken only once annually at the same time that Duke, Charah or
<br />their affiliates or assigns are sampling Coal Ash as required by applicable permit(s); (ii) the
<br />method of sampling shall be consistent with the methods required by applicable permit(s) or by
<br />such method as is mutually agreed upon between Duke and Charah; (iii) testing protocols shall
<br />be consistent with the protocols required by applicable permit(s) as called for in the agreement
<br />between Duke and Charah and (iv) Lee County shall pay its cost for its portion of the split
<br />sample. Prior to the first placement of Coal Ash at the Site, Duke will offer to conduct (or cause
<br />Charah to offer to conduct) one -time baseline sampling, in accordance with the sampling protocol
<br />utilized at the Site, of private and public water supply wells existing as of the date of this
<br />Agreement and located within a 1,000 -foot radius of the Site. The baseline sampling results for
<br />each such well shall also be provided to the respective well owner. Duke and Charah shall have
<br />no obligation to conduct baseline sampling with respect to any well for which the well owner (i)
<br />does not give Duke or Charah written consent to conduct baseline sampling, or (ii) demands that
<br />Duke or Charah make payment or satisfy unreasonable conditions in order to obtain consent for
<br />the baseline sampling.
<br />S. Support for Lee County Economic Development Duke and Lee County
<br />acknowledge that they both have a mutual interest in the economic development of Lee County.
<br />Duke will make its Site Readiness program available to Lee County for a site identified by Lee
<br />County. Duke will meet with Lee County, at reasonable times to be agreed upon by the Parties,
<br />to discuss other potential opportunities for Duke's Economic Development Staff to assist Lee
<br />County and its partners with their economic development initiatives. Duke will consider in good
<br />faith applications by Lee County for additional or increased assistance from funds and programs
<br />available through or supported by Duke, including, without limitation, the Carolinas Investment
<br />Fund, Lee County's economic development 501(c)(3), and community college grants for Central
<br />Carolina Community College. Such economic development assistance, as contemplated in this
<br />paragraph, shall exist for the duration of the Site operations. Priority for projects under this
<br />paragraph shall be given to the Colon / Osgood community and those areas surrounding the Site.
<br />9. Release of All Claims as to Duke Lee County hereby irrevocably releases,
<br />acquits, and forever discharges Duke, Duke Energy Business Services, LLC and their respective
<br />predecessors, successors, parent companies, affiliates, subsidiaries and assigns, and any person
<br />or entity acting for or on their behalf, including, in their capacities as such, without limitation,
<br />their respective past, present and future officers, directors, employees, attorneys, agents, insurers
<br />and reinsurers, heirs, executors, administrators, representatives, successors and assigns, and their
<br />respective heirs, executors, administrators, representatives, successors and assigns (collectively,
<br />the "Duke Released Parties "), except for Charah and Green Meadows, LLC ( "Green
<br />Meadows "), which entities are expressly not included in this Release, from any and all past,
<br />present or future actions, causes of action, claims, demands, obligations, rights, costs, damages,
<br />and expenses (including attorney's fees) of any kind whatsoever, whether based on a trespass,
<br />tort, contract, or other theory of recovery, and including challenge to any permit needed for the
<br />Site, however denominated, asserted or unasserted, known or unknown, absolute or contingent,
<br />whether at law or in equity, arising out of or relating to, directly or indirectly, the Dispute or the
<br />subject of the Dispute (the "Duke Released Claims "). Notwithstanding the foregoing, nothing
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