ARCHIVED REPORTS_VOLUNTARY CLEANUP AGREEMENT

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15. DTSC Review and Approval. All work performed pursuant to this Agreement is subject to DTSC's review and approval. If DTSC determines that any report, plan, schedule or other document submitted for approval pursuant to this Agreement fails to comply with this Agreement or fails to protect public health or safety or the environment, DTSC may (a) return comments to Proponents with recommended changes and a date by which the Proponents must submit to DTSC a revised document incorporating or addressing the recommended changes; or (b) modify the document in consultation with Proponents and approve the document as modified. All DTSC approvals and decisions made regarding submittals and notifications will be communicated to Proponents in writing by DTSC's Branch Chief or his/her designee. No informal advice, guidance, suggestions or comments by DTSC regarding reports, plans, specifications, schedules or any other writings by the Proponents shall be construed to relieve Proponents of the obligation to obtain such written approvals. 16. Payment. 16.1. Proponents agree to pay 1) all costs incurred by DTSC in association with preparation of this Agreement, and for oversight activities, including review of documents, conducted prior to the effective date of this Agreement, and (2) all costs incurred by DTSC in providing oversight pursuant to this Agreement, including review of the documents described in Exhibit C and associated documents, and oversight of field activities. Costs incurred include interest on unpaid amounts that are billed and outstanding more than 60 days from the date of the invoice. An estimate of DTSC's oversight costs is attached as Exhibit D. It is understood by the parties that Exhibit D is an estimate and cannot be relied upon as the final cost figure. DTSC may provide an updated or revised cost estimate as the work progresses. DTSC will bill Proponents quarterly. Proponents agree to make payment within 30 days of receipt of DTSC's invoices. 16.2. In anticipation of oversight activities to be conducted, Proponents shall make an advance payment of $15,000.00 to DTSC no later than 10 days after this Agreement is fully executed. It is expressly understood and agreed that DTSC's receipt of the entire advance payment as provided in this paragraph is a condition precedent to DTSC's obligation to provide oversight, review of or comment on documents. If the advance payment exceeds DTSC's final costs, DTSC will refund the difference within 120 days after the performance of this Agreement is completed or after this Agreement is terminated pursuant to Paragraph 18 of this Agreement. 16.3. All payments made by Proponents pursuant to this Agreement shall be by check payable to the "Department of Toxic Substances Control", and bearing on its face the project code for the Site (102260) and the docket number of this Agreement. Upon request by Proponents, DTSC may accept payments made by credit cards or electronic funds transfer. Payments by check shall be sent to: 4 Voluntary Cleanup Agreement March 2015