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LETTER OF COMMITMENT FOR REIMBURSEMENT OF COSTS <br /> Assignment <br /> CLAIM NO: 008542 <br /> CLAIMANT: KNIFE RIVER CORPORATION,ASSIGNEE <br /> CO-PAYEE: NONE <br /> IOINT CLAIMANT: NONE <br /> C/O: MR. BOYD CLEMENTS <br /> ATTN: <br /> MAILING ADDRESS: PO BOX 6099 <br /> STOCKTON, CA 95206 <br /> TAX ID/SSA NO: <br /> Subject to availability of funds, the State Water Resources Control Board (State Water Board)agrees to reimburse KNIFE RIVER <br /> ,ORPORATION,ASSIGNEE (Claimant)for eligible corrective action costs at WEST CLAY PROPERTIES COMM.SITE,639 <br /> ,LAY ST W, STOCKTON, CA 95206(Site). The commitment reflected by this Letter is subject to all of the following terms and <br /> :onditions: <br /> 1. Reimbursement shall not exceed the limits established by section 25299.59 of the Health and Safety Code, less the <br /> applicable deductible of$5000 per occurrence. <br /> ?. The obligation to pay any sum under this Letter of Commitment is contingent upon availability of funds. In the event that <br /> sufficient funds are not available for reasons beyond the reasonable control of the State Water Board, the State Water 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 sufficient funds <br /> do become available. Nothing herein shall be construed to provide the Claimant with a right of priority for disbursement over <br /> any other claimant who has a similar Letter of Commitment. <br /> 3. All costs for which reimbursement is sought must be eligible for reimbursement and the Claimant must be the person entitled <br /> to reimbursement thereof. <br /> 4. Claimant must at all times be in compliance with all applicable state laws, rules and regulations and with all terms, conditions, <br /> and commitments contained in the Claimant's Application and any supporting documents or in any payment requests <br /> submitted by the Claimant. <br /> 5. No disbursement under this Letter of Commitment will be made except upon receipt of acceptable Standard Form Payment <br /> Requests duly executed by or on behalf of the Claimant. All Payment Requests must be executed by the Claimant or a duly <br /> authorized representative who has been approved by the Division of Financial Assistance. <br /> 5. Any and all disbursements payable under this Letter of Commitment may be withheld if the Claimant is not in compliance with <br /> the provisions of Paragraph 5 above. <br /> 7. Neither this Letter of Commitment nor any right thereunder is assignable by the Claimant without the written consent of the <br /> State Water 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 Water Board's consent. <br /> 8. This Letter of Commitment may be withdrawn at any time by the State Water Board if completion of corrective action is not <br /> performed with reasonable diligence. <br /> 9. This Letter of Commitment may be suspended or withdrawn by the State Water Board pending the investigation of activities <br /> related to this claim that are suspected in connection with fraud, waste, the abuse of public funds, or other prohibited acts. <br /> IN WITNESS WHEREOF, this Letter of Commitment has been issued by the STATEUSE ONLY <br /> State Water Board this 30th day of November, 2012. <br /> 0 RESIDtNT' <br /> STATE Wff ER RESOURCES NTROL BOARD NON=RESIDENT <br /> VENDOR TYPE. <br /> By Manager, Undergrou &rage�Tannkleanup Fund INITIALS: <br /> TO ACCT.. INITIALS: <br />