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j LETTER OF y-)MMITMENT FOR REIMBURSEM""T OF COSTS CLAIM NO: 001136 AMENDMENT NO: 0 CLAIMANT: Moore Petroleum BALANCE FORWARD: $0 CO—PAYEE: Federated Mutual Insurance JOINT CLAIMAINT: None THIS AMOUNT: $200,000 NEW BALANCE: $200,000 CLAIMANT ADDRESS: P. O. BOX 67 Banta, CA 95304 TAX ID/SSA NO: Claimant:.94-2282803 Co-Payee: 41-0417460 Subject to availability of funds, the State Water Resources Control Board (SWRCB) agrees to reimburse Moore Petroleum (Claimant) for eligible corrective action costs at Franks Exxon #2 3399 East Yosemite, Manteca, CA 95336 (Site) . The commitment reflected by this Letter is subject to all of the following terms and conditions: 1. Reimbursement shall not exceed $200,0OO unless this amount is subsequently modified in writing by an amended Letter of Commitment. 2. The obligation to pay any sum under this Letter of Commitment is contingent upon availability of funds. In the event that sufficient funds are not available for reasons beyond the reasonable control of the SWRCB, the SWRCB shall not be obligated to make any disbursements hereunder. If any disbursements otherwise due under this Letter of Commitment are deferred because of unavailability of funds, such disbursements will promptly be made when sufficient funds do become available. Nothing herein shall be construed to provide the Claimant with a right of priority for disbursement over any other claimant who has a similar Letter of Commitment. 3. All costs for which reimbursement is sought must be eligible for reimbursement and the Claimant must be the person entitled to reimbursement thereof. 4. Claimant must at all times be in compliance with all applicable state laws, rules and regulations and with all terms, conditions, and commitments contained in the Claimant's Application and any supporting documents or in any payment requests submitted by the Claimant. 5. No disbursement under this Letter of Commitment will be made except upon receipt of acceptable Standard Form Payment Requests duly executed by or on behalf of the Claimant. All Payment Requests must be executed by the Claimant or a duly authorized representative who has been approved by the Division of Clean Water Programs. 6. Any and all disbursements payable under this Letter of Commitment may be withheld if the Claimant is not in compliance with the provisions of Paragraph 5 above. 7. Neither this Letter of Commitment nor any right thereunder is assignable by the Claimant without the written consent of the SWRCB. In the event of any such assignment, the rights of the assignee shall be subject to all terms and conditions set forth in this Letter of Commitment and the SWRCB's consent. 8. This Letter of Commitment may be withdrawn at any time by the SWRCB if completion of corrective action is not performed with reasonable diligence. IN WITNESS WHEREOF, this Letter of Commitment has been issued by the SWRCB this 1st day of May, 1995. STATE WATER RESOURCES CONTROL BOARD STATE USE: BY CALSTARS CODING: I 0550-569,02-30530 Manager, Unde rouifd S o age Tank Cleanup Fund Program $ BY i f, Divi ion Aqtiniptrative Services R:3124/94