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r l l� with the.' Department ' s and the Board ' s notice of deficiency , or i, 2j in the event a dispute hereunder cannot be resolved pursuant to .31 Article VI . 0 below , any party to this Agreement may take any 41 administrative or legal actions available to it to enforce or 5 �I defend against the alleged non-compliance with the provisions 6 Ii of this Agreement , including but not limited to the imposition I! 7 ; of penalties pursuant to California Health and Safety Code § it 81 25188 and the civil monetary remedies pursuant to the 91 I Porter-Cologne Water Control Act . For purposes of any such 10 . administrative or legal action, the Agreement shall be deemed e 11 , to be a cleanup and abatement order of the Board upon 12 ', 13 ratification pursuant to Article IX of this Agreement . i ii1 C . MCTC , the Department and the Board agree , however , 14 �_ that any good faith dispute which arises as to the adequacy of i 15!I any action , subwittal or other performance required under this 16r Agreement should if possible , be resolved through informal li 17 j I negotiations among them, and therefore convenant to enter into i I' 181 such negotiations upon the request of an I li q y party hereto pursuant 1911 to 1 . below. i 2011 1 1 . If MCTC wishes to dispute a notice of j e 21 ; deficiency , it may request that the parties confer for the 22 ! purpose of resolving the dispute through informal negotiations 23 " as provided in Article VI . B. If the dispute is not resolved 24 within ten consecutive working days subsequent to the request 25 for informal negotiations or if MCTC has not within that time 26 complied with the deficiency notice or provided adequate 27 assurances to the Department and the Board , any party may DURT PAPER 5 'ATE OF C/.'-IFORNIA .. 113 9EV 9•�c.