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LETTER OF CONwAITMIENT FOR REMMURSwvlENT OF COSTS <br /> CLAIM NO: 004404 AMENDMENT NO: 0 <br /> CLAIMANT: Coca-Cola Enterprises-West BALANCE FORWARD: $0 <br /> CO-PAYEE: None <br /> t THIS AMOUNT: $300,000 <br /> CLAIMANT ADDRESS: P. O. BOX 4067 NEW BALANCE: $300,000 <br /> Oakland, CA 94614 <br /> TAX ID / SSA NO. : 36-3157784 <br /> Subject to availability of funds, the State Water Resources Control Board (State Board) <br /> agrees to reimburse _Coca-Cola Enterprises-West (Claimant). for eligible corrective action <br /> costs at Coca - Cola Enterprises - West Stockton 1100- N-. Wilson Wav, Stockton, CA 95205 <br /> (Site) . The commitment reflected by this Letter is subject to all of the following terms <br /> and conditions: <br /> 1. Reimbursement shall not exceed $300,000 unless this amount is subsequently modified <br /> in 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 State Board, the State Board shall not <br /> be obligated to make any disbursements hereunder. If any disbursements otherwise <br /> due under this Letter of Commitment are deferred because of unavailability of funds, <br /> such 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 <br /> for 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 <br /> the 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 <br /> and 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 /> S. 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 <br /> authorized representative who has been approved by the Division of-Clean Water- <br /> 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 State Board. 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 State Board's consent. <br /> 8. This Letter of Commitment may be withdrawn at any time by the State Board if <br /> completion of corrective action is not performed with reasonable diligence. <br /> IN WITNESS WHEREOF, this Letter of Commitment has been issued by the State Board this <br /> 20th day of May, 1994. <br /> STATE WATER RESOURCES CONTROL BOARD <br /> STATE USE- : <br /> CALSTARS CODING <br /> BY 0550 - 569.02 - 30530 <br /> //M,,a��ager, Und rjund Storage Tank Cleanup Fund Program $ <br /> BY // <br /> Chief, Division Administrative Services <br /> R:3/14/94 <br />