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In view of Valley Motors' past history of delinquent paymerits,�.and as president <br /> of Upgradient Environmental,`I simply cannot allow our company to be driven into <br /> bankruptcy by continuing to incur costs of this magnitude in order to keep Valley Motors <br /> in compliance with'EHDdirectives. Therefore I'am.informing Valley Motors and EHD of <br /> the following scheduler ' <br /> Upon receipt of$19,792.32,Upgradient Will prepare and submit a revised <br /> schedule of operations to continue.the"aquifer test. - _ <br /> Upon receipt of$28,623:83,and at least SO%of the loan balance'of.$'15,978.61, I <br /> Upgradient will hook up the extraction well and perforin the extraction_ test. The <br /> combination of these three,payments would,retire all but$7;989:30 of the $64,394.76 that, <br /> is shown above. <br /> _.Upon receipt of$22,986.i� (the arriaunt approved"for payment by the UST Fund), <br /> Upgradient will prepare and'submit!he.aquifer test report. <br /> -Upon.receipt of$13;524.13,plus the remaining balance on the 2008 loan, <br /> Upgradient will perform the next quarterly monitoring event(if paymenf is delayed <br /> beyond the end of.2011,this would not take place before the'1"quarter 2012). <br /> Upon receipt.of confirmation from-;the UST Fund that the additional charges ° <br /> ($7,800 plus$8,500).for the aquifer.test(sampling, disposal; surveying, etc.) will be _ <br /> approved,for payment,Upgradient will perform those additional activities. If the Fund <br /> refuses,to rtauthorize the additional expenditures above $10,000 in fiscal year 2011-2012, <br /> those activities will be postponed until the 2012-2013 budget year. <br /> Upgradient Environmental recognizes that neither EHD"nor Valley Motors'will be <br /> :pleased by these.conditions, but it must be realized that Upgradient Environmental has, <br /> essentially been'funding this investigation since at least 2005, and some of the <br /> outstanding invoices date back to February 2006.•This cannot continue:Upgradient must <br /> recover its pasf expenses before'ineurring,additional-outlays We request that EHD <br /> remain as patient-as possible until the situation can be rectified. <br /> Sinc rely <br /> Victor B.Cherven, Ph. D. <br /> Principal <br /> Cc: CindyO',Neill <br /> Payment Unit; UST Cleanup Fund <br /> Geotracker - <br />