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♦ tkn� ' i I li I, I I 11: goals and time schedule for final mitigation in the Mitigation 2 �I Plan. { I: I' I 3i C . No provision of this Article shall be construed as i 4 ' i ! relieving MCTC of its obligation to comply with a,ny and all I 5 : other terms of this Agreement . MCTC ' s payment of contingent civilenalties P pursuant to Paragraph B. 2 . (c) (iii) or B. 3. of 7i this Article for failure to remediate contamination that can be 81 Ii remediated shall not be construed as preventing the Department 9 or the Board from seeking the imposition of penalties or civil 10 monetary remedies pursuant to this Agreement , and specifically lli pursuant to Article VI of this Agreement . �i 12 Ii VIII 13 II Nothing in this Agreement shall be construed to I, t i 14 i1 . p.r:avent or limit the Department from taking any removal or li I 15'I: remedial or cost recovery action pursuant to the Hazardous I� i 16 ii Substances Account Act , Health and Safety Code , Section 25300 171! et seq . , or CERCLA, 42 USC 9602 etseq . , provided that the 1811 Department determines that MCTC has not I: performed in 191 substantial compliance with this Agreement , including i 20;; Attachment A thereto ; or if the Department determines that 1 21 ; contamination from the site is creating an imminent or 22 ;' substantial endangerment . 23 ' I X 241 This Agreement shall become effective upon execution 25 by the parties and upon subsequent ratification by the Board at 26 its November 1984 meeting. 27 OLRT PAPER 14 .ATE OF CALIFORNIA TO 113 ,REV E•72 a:S';