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LETTER (&'OMMITMENT FOR REIMBURSFQNT OF COSTS <br /> CLAIM NO: 001760 AMENDMENT NO: 0 <br /> CLAIMANT: Montgomery Ward & Co., Inc. BALANCE FORWARD: $0 <br /> CO—PAYEE: 'None <br /> JOINT CLAIMAINT: None <br /> THIS AMOUNT: $143,000 <br /> CLAIMANT ADDRESS: 39201 Fremont Blvd. NEW BALANCE: $143,000 <br /> Fremont, CA 94538 <br /> TAX ID/SSA NO: 36-2659374 <br /> Subject to availability of funds, the State Water Resources control Board (SWRCB) agrees <br /> to reimburse Montgomery Ward & Co. Inc. (Claimant) for eligible corrective action costs <br /> at Montgomery Ward - Stockton CA 5400 Pacific Ave. , Stockton, CA 95207 (Site) . The <br /> commitment reflected by this Letter is subject to all of the following terms and <br /> conditions: <br /> 1. Reimbursement shall not exceed $143,000 unless this amount is subsequently modified in <br /> writing by an amended Letter of Commitment. <br /> 2. The obligation to pay any sum under this Letter of Commitment is contingent upon <br /> availability of funds. In the event that sufficient funds are not available for <br /> reasons beyond the reasonable control of the SWRCB, the SWRCB shall not be obligated <br /> to make any disbursements hereunder. If any disbursements otherwise due under this <br /> Letter of Commitment are deferred because of unavailability of funds, such <br /> disbursements will promptly be made when sufficient funds do become available. <br /> Nothing herein shall be construed to provide the Claimant with a right of priority for <br /> 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 <br /> Claimant must be the person entitled to reimbursement thereof. <br /> 4. Claimant must at all times be in compliance with all applicable state laws, rules and <br /> regulations and with all terms, conditions, and commitments contained in the <br /> Claimant's Application and any supporting documents or in any payment requests <br /> submitted by the Claimant. <br /> 5. No disbursement under this Letter of Commitment will be made except upon receipt of <br /> acceptable Standard Form Payment Requests duly executed by or on behalf of the <br /> Claimant. All Payment Requests must be executed by the Claimant or a duly authorized <br /> 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 <br /> the Claimant is not in compliance with the provisions of Paragraph 5 above. <br /> 7. Neither this Letter of Commitment nor any right thereunder is assignable by the <br /> Claimant without the written consent of the SWRCB. In the event of any such <br /> 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 <br /> corrective action is not performed with reasonable diligence.. - <br /> IN WITNESS WHEREOF, this Letter of Commitment has been issued by the SWRCB this <br /> 2nd day of February, 1995. <br /> STATE WATER RESOURCES CONTROL BOARD <br /> STATE USE: <br /> BY CALSTARS COD/NG: <br /> Manager, Un erground torage Tank Cleanup Fund Program 0550-569.0'-30530 <br /> � � s <br /> BY ' <br /> -Ch ef, Division mi istrative Services 8:3/24/94 <br />