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4 as good or better condition than before this Agreement was consummated , ATC agrees to take such corrective action as the Manager directs, at the sole expense of ATC and at no expense to the District. ATC agrees in the event that it fails to make corrections requested by the Manager of the District, that the District may make such corrections at ATC' expense, and ATC agrees to pay the cost of such corrections in full upon demand by the District and within thirty (30) days with interest accruing thereafter at the rate of one percent ( 1 %) per month on the unpaid balance. 5 . Plans and Soecifications: Construction . (a) All encroachments constructed under this Agreement shall be in accordance with plans and specifications set forth in ATC's letter dated January 28 , 2009 , and attachments thereto (which are attached hereto as Exhibit D) , and upon locations set forth therein , and shall be conducted in such a manner as not to obstruct in any manner the Flow of water in the canals , laterals or drain ditches of the District or to make more expensive or to interfere In any manner whatsoever with the construction , operation and maintenance of any part of the levees, impacted irrigation and/or drainage works by the District. (b) Further, the borings shall be in accordance with plans set forth in ATC' January 28, 2009 letter and shall not be changed or altered without the express written consent of the District. (c) ATC shall call Gil Casio, the District Engineer, at (916) 4564400 a minimum of 48 hours prior to planned drilling and shall coordinate all construction activities with the District's Engineer and Manager. Further, a backfill with a neat cement grout through the entire depth is required subject to final routine inspection by District's Engineer. (d) When repairing , maintaining , constructing, and reconstructing ATC encroachments , ATC and/or its contractors shall comply with all applicable requirements of the Clean Air Act, as amended (U . S. C. 1857 , et seq . , as amended by Public law 91 -604) , the Clean Water Act as amended (42 U. S. C . Sec. 7413, U .S. S . G . sec. 131 -3), the Federal Water Pollution control Act (33 U . S. C. 1251 et seq. , as amended by Public Law 92-500) , respectively, and all federal, state, and local laws, regulations and guidelines issued thereunder. Further, when and if necessary prior to performing said operations ATC and/or his contractors shall comply with applicable requirements of OSHA, CAL-OSHA, State of California Department of Industrial Safety and. Health Orders, Cal-Trans , and California Health and Welfare laws, regulations and guidelines issued thereunder. Without any limitations by the foregoing , ATC shall obey all other laws, rules and regulations in effect which are enacted by any federal , state or local agency having jurisdiction . 4 c a9a .-J ci � c _ ga, � _ � na xua jgrmgRH -1 mel nNH WHG2 : /. nnn2 bpi aJL