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3.5 DTSC Review and Approval. If. DTSC determines that any report, plan, <br /> schedule or other document submitted for approval pursuant to this Agreement fails to <br /> comply with this Agreement or fails to protect public health or safety or the environment, <br /> DTSC may (a) Return comments to the Proponent with recommended changes; or (b) <br /> Modify the document as deemed necessary and approve the document as modified. <br /> 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 or <br /> 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 During 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 <br /> subsequent to the effective date of the Agreement, and (2) all costs incurred by DTSC in <br /> providing oversight pursuant to this Agreement, including review of the documents <br /> described in Exhibit C and associated documents, and in providing oversight of field <br /> activities. An estimate of DTSC's oversight costs is attached as Exhibit D. It is understood <br /> by the parties that Exhibit D is an estimate and cannot be relied upon as the final cost <br /> figure. DTSC will bill the Proponent quarterly. Proponent agrees to make payment within <br /> sixty (60)days of receipt of DTSC's billing. Such billings will reflect any amounts that have <br /> been advanced to DTSC by the Proponent. <br /> 5 <br />