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<br /> r <br /> Access Agreement <br /> Page 2 <br /> disrupt normal business operation (Le. drilling, excavation, <br /> construction, etc.) <br /> (e) In situations which the TWC determines to be of an emergency <br /> nature, the TWC shall have immediate access to the property. <br /> ART I CLE 3. WASTE MANIFESTS <br /> The RP agrees to sign all waste manifests as the "Generator" for <br /> the disposal of wastes generated during any site activities in <br /> response to a release from the RP's LPST. <br /> ARTICLE 4. GUARANTEE <br /> (a) The TWC and its Contractor make no guarantees to the RP as to <br /> the quality of the workmanship performed by the TWC and its <br /> Contractor. <br /> (b) The TWC is not in any kind of contractor/owner relationship <br /> with the RP and therefore, no warranty or guarantee is given or <br /> implied for any activities which the TWC or its Contractor perform <br /> at this facility. <br /> ARTICLE 5. PRIORITY RANKING <br /> The TWC will execute the Work Order to take over the operation of <br /> existing equipment on the RP's site immediately upon referral of <br /> the site into the State-Lead program (Work Order processing <br /> typically takes one month). The RP understands that, as to any <br /> additional activities at the site, the TWC will assign a priority <br /> rank to the site. In some cases, as dictated by resources, this <br /> means that the RP may have to wait for state-lead contracting. <br /> Until the TWC is able to begin additional corrective action <br /> efforts, the RP is responsible for pursuing whatever actions (over <br /> and above existing operations) that are necessary to minimize any <br /> impacts or threats to human health and safety and to the <br /> environment. The RP agrees to respond to directives from the TWC <br /> concerning such necessary activities. Upon written request to the <br /> TWC, the RP may obtain information regarding the priority status <br /> granted to its particular site. <br /> ARTICLE 6. FINANCIAL RESPONSIBILITY <br /> (a) If the RP is eligible for the Petroleum Storage Tank <br /> Remediation (PSTR) Fund then the RP shall reimburse the TWC for the <br /> appropriate deductible amount, according to House Bill 1214, of the <br /> total expenses incurred by the TWC for performing corrective action <br /> activities associated with the RP's LPST site. If the RP has <br /> previously incurred all or part of the appropriate deductible of <br /> allowable clean-up costs, then that amount shall be deducted from <br /> the monies owed to the State. "Allowable costs" are those defined <br /> in 31 TAC Chapter 334. If the RP contends that it cannot afford to <br /> w:\jdm\forms\la.frm <br />