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RELEASE AGREEMENT <br /> <br /> Comes now the Civil Town of Mooresville (hereinafter called "Town") and comes also <br />Speedway SuperAmerica LLC, a Delaware limited liability company (hereinafter called <br />"Company") and the parties enter into the following Agreement: <br /> <br /> WHEREAS, Company is the owner of certain real property located at 52 Indianapolis <br />Road, in the Town of Mooresville, Indiana ("Premises"), which was used as a gasoline station <br />and had underground storage tanks which have been removed; <br /> <br /> WHEREAS, Company is required by the Indiana Department of Environmental <br />Management to determine if any constituents from those tanks have leaked and migrated off of <br />the Premises; <br /> <br /> WHEREAS, the Town is the owner of certain right-of-ways where it will be necessary <br />for Company to do test wells and drilling for purposes of determining if there are any <br />constituents on said right-of-ways; <br /> <br /> NOW, THEREFORE, in exchange for the mutual consideration set out below, the parties <br />agree to the following: <br /> <br /> 1. Town allows Company, its employees, representatives, agents and contractors to enter <br />onto its right-of-ways for purposes of installing test wells, performing other drilling for purposes <br />of determining if there are any constituents on said right-of-ways, the monitoring of the wells, <br />maintenance of the wells, performing any necessary corrective action, the removal or proper <br />abandonment of the wells and the return of the right-of-ways to substantially the same condition <br />as they existed prior to the performance of the activities provided herein. <br /> <br /> 2. Company will defend, indemnify and hold Town, and Town's employees and agents, <br /> harmless from all claims, demands, liabilities and damages which may be imposed on or <br /> <br /> <br />