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AML <br /> 3.9 Condition Precedent. It is expressly understood and agreed that DTSC's <br /> receipt of the advance payment described in Paragraph 3.8.1. is a condition precedent <br /> to DTSC's obligation to provide oversight, review and/or comment on documents. <br /> 1 3.10 Record Retention. DTSC shall retain all cost records associated with the <br /> work performed under this Agreement for such time periods as may be required by <br /> applicable state law. The Proponent may request to inspect all documents which <br /> support DTSC's cost determination in accordance with the Public Records Act, <br /> Government Code section 6250 et seq. <br /> 3.11 Project Coordinator. The work performed pursuant to this Agreement shall <br /> be under the direction and supervision of a qualified project coordinator, with expertise <br /> in hazardous substance site cleanup. The Proponent shall submit: a) the name and <br /> address of the project coordinator; and b) in order to demonstrate expertise in <br /> hazardous substance site cleanup, the resume of the coordinator. The Proponent shall <br /> promptly notify DTSC of any change in the identity of the Project Coordinator. All <br /> engineering and geological work shall be conducted in conformance with applicable <br /> state law, including but not limited to, Business and Professions Code sections 6735 <br /> and 7835. <br /> 3.12 Accu. Proponent shall provide, and/or obtain access to the Site and <br /> offsite areas to which access is necessary to implement this Agreement. Such access <br /> shall be provided to DTSC's employees, contractors, and consultants at all reasonable <br /> times. Nothing in this paragraph is intended or shall be construed to limit in any way <br /> the right of entry or inspection that DTSC or any other agency may otherwise have by <br /> operation of any law. DTSC and its authorized representatives shall have the authority <br /> to enter and move freely about all property at the Site at all reasonable times for <br /> purposes including, but not limited to: inspecting records, operating logs, sampling and <br /> analytic data, and contracts relating to this Site; reviewing the progress of the <br /> Proponent in carrying out the terms of this Agreement; conducting such tests as DTSC <br /> may deem necessary; and verifying the data submitted to DTSC by the Proponent. <br /> 3.13 Sampling, Data and Document Availability. When requested by DTSC, <br /> the Proponent shall make available to DTSC, and shall provide copies of, all data and <br /> information concerning contamination at the Site, including technical records and <br /> contractual documents, sampling and monitoring information and photographs and <br /> maps, whether or not such data and information was developed pursuant to this <br /> Agreement. <br /> 3.14 Notification of Field Activities. The Proponent shall inform DTSC at least <br /> seven (7) days in advance of all field activities pursuant to this Agreement and shall <br /> allow DTSC and its authorized representatives to take duplicates of any samples <br /> collected by the Proponent pursuant to this Agreement. <br /> 5 <br />