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3.6 Communications. All DTSC approvals and decisions made regarding <br /> submittals and notifications will be communicated to the Proponent in writing by DTSC's <br /> Agreement Manager or his/her designee. No informal advice, guidance, or suggestions <br /> or comments by DTSC regarding reports, plans, specifications, schedules or any other <br /> writings by the Proponent shall be construed to relieve the Proponent of the obligation to <br /> obtain such written approvals. <br /> 3.7 Endangerment Durinq Implementation. In the event DTSC determines that <br /> any activity (whether or not pursued in compliance with this Agreement) may pose an <br /> imminent or substantial endangerment to the health and safety of people on the Site or in <br /> the surrounding area or to the environment, DTSC may order the Proponent to stop further <br /> implementation of this Agreement for such period of time as may be needed to abate the <br /> endangerment. <br /> 3.8 Payment. The Proponent agrees to pay (1) all costs incurred by DTSC in <br /> association with preparation of this Agreement and for review of documents submitted prior <br /> to the effective date of the Agreement, and (2) all costs incurred by DTSC in providing <br /> oversight pursuant to this Agreement, including review of the documents described in <br /> Exhibit C and associated documents, and in providing oversight of field activities. An <br /> estimate of DTSC's oversight costs is attached as Exhibit D. It is understood by the parties <br /> that Exhibit D is an estimate and cannot be relied upon as the final cost figure. DTSC will <br /> bill the Proponent quarterly. Proponent agrees to make payment within sixty (60) days of <br /> receipt of DTSC's billing. Such billings will reflect any amounts that have been advanced <br /> to DTSC by the Proponent. <br /> 3.8.1 In anticipation of services to be rendered, Proponent shall make an advance <br /> payment of $ 12,017 to DTSC. That payment shall be made no later than ten (10) days <br /> after this Agreement is fully executed. If the Proponent's advance payment does not cover <br /> all costs payable to DTSC under this paragraph, Proponent agrees to pay the additional <br /> costs within sixty (60) days of receipt of a bill from DTSC. <br /> 3.8.2. If any bill is not paid by the Proponent within sixty (60) days after it is sent by <br /> DTSC, the Proponent may be deemed to be in material default of this Agreement. <br /> 3.8.3 All payments made by the Proponent pursuant to this Agreement shall be by <br /> a cashier's or certified check made payable to the "Department of Toxic Substances <br /> Control", and bearing on its face the project code for the site (site # 101556-11) and the <br /> docket number of this Agreement. Payments shall be sent to: <br /> Department of Toxic Substances Control <br /> Accounting Unit <br /> P.O. Box 806 <br /> Sacramento, California 95812-0806 <br /> A photocopy of the check shall be sent concurrently to DTSC's Agreement Manager. <br /> 4 <br />