Remediation of Off-Site Wal-Mart Tracts. Any Release of a Hazardous Substance occurring from and after the Closing Date that originates on the Property and migrates to and/or otherwise contaminates and/or impacts the soil, groundwater and/or any other physical or operational feature or aspect of property owned, leased, possessed, or otherwise operated by Wal-Mart (hereinafter referred to as an “Off-Site Wal-Mart Tract”) must be Remediated by Xxxxxx by utilizing the standards promulgated or determined by any Applicable Governmental Authority that provide for unrestricted residential use and/or unrestricted residential development (hereinafter referred to as the “Non-Property Remediation Standard”) and ensuring that, after the Remediation is concluded, no concentrations of any such Hazardous Substance above any Non-Property Remediation Standard remain at or otherwise impact the Off-Site Wal-Mart Tract and that the Closure Letter (as hereinafter defined) that is issued fully resolves the release of such Hazardous Substance as it pertains to the Off-Site Wal-Mart Tract. By way of clarification and not limitation, Xxxxxx may not propose the use of or otherwise use any engineering or institutional controls in conducting Remediation at any Off-Site Wal-Mart Tract. Notwithstanding anything to the contrary in this section, Xxxxxx may seek to obtain a Closure Letter (as hereinafter defined) by recording a deed restriction prohibiting the use of groundwater for drinking water purposes if and only if (i) the Off-Site Wal-Mart Tract in question is already serviced by a municipal water system and there are no private xxxxx in use by Wal-Mart or third parties that would be impacted by allowing Xxxxxx to forego Remediation of groundwater as contemplated by the deed restriction and (ii) Wal-Mart gives its consent to the form and content of the deed restriction, which Wal-Mart may withhold in its reasonable discretion. Any such approval must be issued in writing. Any and all documents, including any form of correspondence, plans or reports to be submitted to an Applicable Governmental Authority regarding the Release or any private third party who has made a claim with respect to the Release related to an Off-Site Wal-Mart Tract must first be submitted to Wal-Mart in draft format for Wal-Mart’s review and approval, which approval Wal-Mart may withhold in its sole discretion. Should Wal-Mart not respond to any draft correspondence in writing within ten business days, Wal-Mart shall be deemed to have given its approv...
