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-11- 7 .0 OPERATION AND MAINTENANCE The State will submit a draft operation and maintenance plan to the City for comment. The City agrees to comment on the draft plan and return comments to the State and EPA within 30 days. The State and EPA are the plan's approval authorities. The City agrees to implement the final operation and maintenance plan as of the certified date in the Interim Remedial Action Report that the construction is complete and the remedy is operational and functional . 8.0 ACCESS TO THE SITE 8.1 The City shall secure access for MPCA, EPA or contractors for the purpose of completing the pipeline installation portion of the RA by the State, as described in Task 3 in Part 4.8. .8.2 Representatives of the State and EPA shall have access to the GAC facility site to review work in progress. 8.3 Neither party shall defend, indemnify, or hold harmless the other from any claims, damages, losses, and expenses including those incurred as a result of willful , reckless or negligent act or omissions. 9.0 AVAILABILITY OF INFORMATION 9.1 The City has previously provided to the EPA and the MPCA necessary information concerning the St. Anthony GAC facility. At the request of the State, the City shall provide the EPA or MPCA with any further information concerning the facility which is in the possession of the City. If such information is submitted by the City pursuant to a claim of confidentiality, said information shall be treated in accordance with the requirements of Minn. Stat. ch. 13 and ch. 116.075 by the State and by the EPA. Absent such a claim, the State or EPA may make sucn information available to the public without further notice. 9.2 At the request of the City, and in accordance with applicable Federal law, the State agrees to provide the City with information and reports developed or prepared pursuant to MPCA and EPA RA activities. The City agrees not to release such information or reports determined to be confidential pursuant to Minn. Stat. ch. 13 and ch: 116.075 or 40 CFR Part 2 to the public unless the City first obtains approval from the EPA Region V Office of Regional Counsel , the EPA Regional Project manager and the MPCA Commissioner. 10.0 COMMUNITY RELATIONS PLAN The State will develop a Community Relations Plan which the EPA and . the State shall implement in carrying out the RA. The City shall assist either agency in community relations associated with this RA upon its request.