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EHD Program Facility Records by Street Name
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2900 - Site Mitigation Program
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PR0543884
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COMPLIANCE INFO
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Entry Properties
Last modified
2/10/2020 10:55:02 AM
Creation date
2/10/2020 9:14:54 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2900 - Site Mitigation Program
File Section
COMPLIANCE INFO
RECORD_ID
PR0543884
PE
2959
FACILITY_ID
FA0024952
FACILITY_NAME
GLEASON PARK APARTMENTS
STREET_NUMBER
446
Direction
S
STREET_NAME
AMERICAN
STREET_TYPE
ST
City
STOCKTON
Zip
95203
APN
14926216
CURRENT_STATUS
02
SITE_LOCATION
446 S AMERICAN ST
QC Status
Approved
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SJGOV\sballwahn
Tags
EHD - Public
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18. Termination for Convenience. <br /> 18.1. Except as otherwise provided in this paragraph, each party to this <br /> Agreement reserves the right to unilaterally terminate this Agreement for any reason. <br /> Termination may be accomplished by giving a 30-day advance written notice of the <br /> election to terminate this Agreement to the other party. In the event that this Agreement <br /> is terminated under Paragraph 18.1 , Proponent shall be responsible for DTSC costs <br /> through the effective date of termination. <br /> 18.2. If operation and maintenance activities are required for the final remedy, <br /> Proponent may not terminate the Agreement under Paragraph 18.1 upon DTSC's <br /> approval of an Operation and Maintenance Plan as proposed by Proponent, unless an <br /> Operation and Maintenance Agreement is entered into between DTSC and Proponent <br /> or between DTSC and a party responsible for the required operation and maintenance <br /> activities. <br /> 19. Incorporation of Exhibits, Plans and Reports. All exhibits are incorporated <br /> into this Agreement by reference. All plans, schedules and reports that require DTSC's <br /> approval and are submitted by Proponent pursuant to this Agreement are incorporated <br /> in this Agreement upon DTSC's approval. <br /> 20. Reservation of Rights. DTSC reserves all of its statutory and regulatory <br /> powers, authorities, rights, and remedies under applicable laws to protect public health <br /> or the environment, including the right to recover its costs incurred therefor. Proponent <br /> reserves all of its statutory and regulatory rights, defenses and remedies available to <br /> Proponent under applicable laws. <br /> 21. Non-Admission of Liability. By entering into this Agreement, Proponent <br /> does not admit to any finding of fact or conclusion of law set forth in this Agreement or <br /> any fault or liability under applicable laws. <br /> 22. Proponent Liabilities. Nothing in this Agreement shall constitute or be <br /> considered a covenant not to sue, release or satisfaction from liability by DTSC for any <br /> condition or claim arising as a result of Proponent's past, current, or future operations or <br /> ownership of the Site. <br /> 23. Government Liabilities. The State of California or DTSC shall not be liable <br /> for any injuries or damages to persons or property resulting from acts or omissions by <br /> Proponent or by related parties in carrying out activities pursuant to this Agreement, nor <br /> shall the State of California or DTSC be held as a party to any contract entered into by <br /> Proponent or its agents in carrying out the activities pursuant to this Agreement. <br /> 24. Third Party Actions. In the event that Proponent is a party to any suit or <br /> claim for damages or contribution relating to the Site to which DTSC is not a party, <br /> Proponent shall notify DTSC in writing within 10 days after service of the complaint in <br /> the third-party action. Proponent shall pay all costs incurred by DTSC relating to such <br /> third-party actions, including but not limited to responding to subpoenas. <br /> 5 of 6 <br />
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