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} <br /> r <br /> LETTER OF CO.,.,YIITMENT FOR REIMBVRS,..*rIENT OF COSTS <br /> CLAIM NO: 003359 AMENDMENT NO: 0 <br /> CLAIMANT: STEPHENS MARINE, INC. BALANCE FORWARD: $ 0 <br /> CO-PAYEE: NONE <br /> THIS AMOUNT: $ 50, 000 <br /> CLAIMANT ADDRESS: P.O. BOX 670 <br /> NEW BALANCE: $ 50,000 <br /> STOCKTON, CA 95201 <br /> TAX ID / SSA NO. 94-1560418 <br /> Subject to availability of funds, the State Water Resources Control Board (State Board) agrees to reimburse Stephens Marine, <br /> Inc. (Claimant) for eligible corrective action costs at 4950 W. Brookside Road—Stockton, CA ISite). The commitment reflected <br /> by this Letter is subject to all of the following terms and conditions: <br /> 1. Reimbursement shall not exceed $50.00 unless this amount is subsequently modified in writing by an amended Letter <br /> of Commitment. <br /> 2. The obligation to pay any sum under this Letter of Commitment is contingent upon availability of funds. In the event <br /> that sufficient funds are not available for reasons beyond the reasonable control of the State Board, the State Board <br /> shall not be obligated to make any disbursements hereunder. If any disbursements otherwise due under this Letter of <br /> Commitment are deferred because of unavailability of funds, such disbursements will promptly be made when <br /> sufficient funds do become available. 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. Unless modified in writing by the State Board, this Letter of Commitment covers work through Phase IV of corrective <br /> action work. <br /> 4. All costs for which reimbursement is sought must be eligible for reimbursement and the Claimant must be the person <br /> entitled to reimbursement thereof. <br /> 5. Claimant must at all times be in compliance with all applicable state laws, rules and regulations and with all terms, <br /> conditions, and commitments contained in the Claimant's Application and any supporting documents or in any payment <br /> requests submitted by the Claimant. <br /> 6. No disbursement under this Letter of Commitment will be made except upon receipt of acceptable Standard Form <br /> Payment Requests duly executed by or on behalf of the Claimant. All Payment Requests must be executed by the <br /> Claimant or a duly authorized representative who has been approved by the Division of Clean Water Programs. <br /> 7. Any and all disbursements payable under this Letter of Commitment may be withheld if the Claimant is not in <br /> compliance with the provisions of Paragraph 5 above. <br /> S. Neither this Letter of Commitment nor any right thereunder is assignable by the Claimant without the written consent <br /> of the State Board. In the event of any such assignment, the rights of the assignee shall be subject to all terms and <br /> conditions set forth in this Letter of Commitment and the State Board's consent. <br /> 9. This Letter of Commitment may be withdrawn at any time by the State Board if completion of corrective action is not <br /> performed with reasonable diligence. <br /> IN WITNESS WHEREOF, this Letter of Commitment has been issued by the State Board this 17th day of August , 1993 . <br /> STATE WATER RESOURCES CONTROL BOARD STATE USE: <br /> CALSTARS CODING: <br /> BY 0550-569.02-30530 <br /> nager, U 7astorag Wank Cleanup Fund Program <br /> ief Division Administ ve Services <br />