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LETTER OF 6`", VIMITMENT FOR REIMBURSEA�Iw- °T OF COSTS <br /> COMMINGLED PLUME ACCOUNT <br /> CLAIM NO: CP0034 AMENDMENT NO: 0 <br /> CLAIMANT: CHEVRON PRODUCTS COMPANY <br /> CONTACT: BOB COCHRAN BALANCE FORWARD: $ 0 <br /> ADDRESS: P. O. BOX 6004 BLDG. V <br /> SAN RAMON CA 94583-0804 THIS AMOUNT: $ 150,000 <br /> NEW BALANCE: $ 150,000 <br /> TAX ID/SSA NO: 25-0527925 <br /> Subject to availability of funds,the State Water Resources Control Board(SWRCB) agrees to reimburse CHEVRON <br /> PRODUCTS COMPANY(Claimant)for eligible corrective action costs for the Commingled Plume contamination located <br /> at 2905,2908 BENJAMLN HOLT DR, STOCKTON,CA (Site).The commitment reflected by this Letter is subject to all <br /> of the following terms and conditions: <br /> 1. Reimbursement shall not exceed$150,000 unless this amount is subsequently modified in writing by an amended Letter <br /> of Commitment. <br /> 2. The obligation to pay any sum under this Letter of Commitment is contingent upon availability of funds. In the event <br /> that sufficient funds are not available for reasons beyond the reasonable control of the SWRCB,the SWRCB shall not <br /> be obligated to make any disbursements hereunder. If any disbursements otherwise due under this Letter of <br /> Commitment are deferred because of unavailability of funds,such disbursements will promptly be made when <br /> sufficient funds do become available. Nothing herein shall be construed to provide the Claimant with a right of priority <br /> for disbursement over any other claimant who has a similar Letter of Commitment. <br /> 3. All costs for which reimbursement is sought must be eligible for reimbursement and the Claimant must be the person <br /> entitled to reimbursement thereof. <br /> 4. Claimant must at all times be in compliance with all applicable state laws,rules and regulations and with all terms, <br /> conditions,and commitments contained in the Claimant's Application and any supporting documents or in any payment <br /> requests submitted by the Claimant. <br /> 5. No disbursement under this Letter of Commitment will be made except upon receipt of acceptable Standard Form <br /> Payment Requests duly executed by or on behalf of the Claimant. All Payment Requests must be executed by the <br /> Claimant or a duly authorized representative who has been approved by the Division of Clean Water Programs. <br /> 6. Any and all disbursements payable under this Letter of Commitment may be withheld if the Claimant is not in <br /> compliance with the provisions of Paragraph 5 above. <br /> 7. Neither this Letter of Commitment nor any right thereunder is assignable by the Claimant without the written consent of <br /> the SWRCB. In the event of any such assignment,the rights of the assignee shall be subject to all terms and conditions <br /> set forth in this Letter of Commitment and the SWRCB's consent. <br /> 8. This Letter of Commitment may be withdrawn at any time by the SWRCB if completion of corrective action is not <br /> performed with reasonable diligence. <br /> IN WITNESS WHEREOF,this Letter of Commitment has been issued by the SWRCB this 27th day of October,2003. <br /> STATE WATE RES URCES CON <br /> B T O B tr <br /> STATE USE: <br /> y <br /> ana dergrouii Stor Cleanup un CALSTARS CODING:0550-570.01-30730 <br /> Chie , vision Administrativ Services $ <br />