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1 1 shall -offset dollar for dollar any greater individual penalty 2 ' assessed pursuant to subparagraph B. 2 ( c ) , B. 2 ( d ) or paragraph I' 31 B . 3 of this Article VII . Without altering the foregoing , upon 411 the requisite factual showing any lesser remedy assessed 1 5 " pursuant to this Article may be substituted by any greater �1 611 remedy provided for in this Article , upon dollar for dollar 711 offset of the lesser remedy previously assessed. 1 8 Whenever referenced below, the term "Mitigation Plan" 9 shall mean that Mitigation Plan which is developed and approved 10 ; pursuant to the terms and conditions of the Schedule of 11 it Compliance attached as Exhibit A to the Agreement , and the 12i: terms " remediate " or " remediation" shall refer to those i 13 !11 measures specified in the Mitigation Plan developed and 1 14 i , a,:Iproved in accordance with the Schedule of Compliance . 151 1 . No Contingent Civil Monetary Remedy : Except ' 161! as otherwise provided in this Article , no additional contingent 17j; civil monetary remedy shall be paid even though the following 1 181! levels of contamination are found to exist : I 19; ! (a) Groundwater : If offsite groundwater in an 20; aquifer from which no domestic beneficial water usage occurred I 21 '! at any time from September 1966 to the date the contamination j 22 � is discovered is found to contain concentrations of arsenic or , i 2.3 chromium in excess of the Maximum Contaminant Levels (MCL' s) ! 24 specified in the National Interim Primary Drinking Water 25, Regulations , 40 C . F . R. Part 141 , or of copper in excess of the 26 Secondary Maximum Contaminant Level ( SMCL) as specified in the 27 , National Secondary Drinking Water Regulations , 40 C. F. R. Part DURT PAPER 9 'ATE of C�,LIFORNIA fr 113 -9EV 6.7= . I I