THIS SITE WAS THE SUBJECT OF AN EMERGENCY REMOVAL ACTION CONDUCTED BY EPA BETWEEN MARCH 1996 AND AUGUST 1997. THE SITE, WHICH IS COMPRISED OF 9.239 ACRES IN AN AREA ZONED INDUSTRIAL , WAS ABANDONED BY ITS OWNER AND IS CURRENTLY INACTIVE. NO FURTHER ENVIRONMENTAL WORK AT THE SITE IS CURRENTLY CONTEMPLATED BY EPA. IN CONSIDERATION OF AND IN EXCHANGE FOR THE UNITED STATES' COVENANT NOT TO SUE, SETT- LING RESPONDENT AGREE TO PAY TO EPA THE SUM OF $500 WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT. SETTLING RESPONDENT AGREES THAT WITHIN 30 DAYS OF ACQUIRES TITLE TO THE SITE, SETTLING RESPONDENT WILL BEGIN ITS PARTICIPATION IN THE OHIO ENVIRONMENTAL PROTECTION AGENCY ( OEPA ) VOLUNTARY ACTION PROGRAM ( VAP ) AND WILL USE ITS BEST EFFORTS TO PERFORM SUCH INVESTIGATION, CHARACTERIZATION AND REMEDIATION ACTIVITIES AS ARE NECESSAARY TO ATTAIN VAP CLEANUP STANDARDS AND/OR ATTAIN A VAP CONVENANT NOT TO SUE. IF THE SETTLING RESPONDENT FAILS TO MATERIALLY COMPLY WITH THE TERMS OF THIS AGREEMENT, IT SHALL BE LIABLE FOR ALL LITIGATION AND OTHER ENFORCEMENT COSTS.