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WORK PLANS_FILE 1
Environmental Health - Public
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3500 - Local Oversight Program
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PR0545229
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WORK PLANS_FILE 1
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Last modified
1/24/2020 11:25:32 AM
Creation date
1/24/2020 11:10:40 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
3500 - Local Oversight Program
File Section
WORK PLANS
FileName_PostFix
FILE 1
RECORD_ID
PR0545229
PE
3526
FACILITY_ID
FA0003903
FACILITY_NAME
TOSCO CORPORATION #31258
STREET_NUMBER
4707
STREET_NAME
PACIFIC
STREET_TYPE
AVE
City
STOCKTON
Zip
95207
APN
10816004
CURRENT_STATUS
02
SITE_LOCATION
4707 PACIFIC AVE
P_LOCATION
01
P_DISTRICT
002
QC Status
Approved
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presentment of the proposed adjustments, the unresolved adjustments may be submitted <br /> for dispute resolution in accordance with Section 10. <br /> (e) Upon Seller's reasonable request. Purchaser shall provide Seller with a <br /> copy of any information relating to Baseline Corrective Action, including. but not limited <br /> to, soil assessment data, laboratory reports, field study results. groundwater monitoring <br /> data. and operating and maintenance- histories of groundwater recovery equipment <br /> operated by Purchaser relating to Baseline Corrective Action. <br /> (f) Seller shall have the right, but not the obligation, to notify Purchaser in <br /> writing within thirty (30) days of Seller's receipt of the Corrective Action Plan of Seller's <br /> intent to participate directly in government agency contacts and the development of a <br /> site assessment or remediation plan or project for any Category I Project. Except in <br /> each case to the extent Purchaser is required to take action pursuant to Environmental <br /> Laws before such agreement can be reached, Purchaser and Seller shall reach agreement <br /> on communications with the government agency and the scope of the plan or project, <br /> and Purchaser shall not agree to a site assessment or remediation plan without Seller's <br /> consent. <br /> (g) If Purchaser's share of Baseline Corrective Action Costs reaches the $200 <br /> Million Cap, Seller shall have the right,.but not the obligation, to assume control over all <br /> further Baseline Corrective Action, the cost for which Seller is responsible under this <br /> Agreement, upon giving Purchaser ninety (90) days prior written notice. Within a <br /> reasonable period of time following such notice, Purchaser and Seller shall agree upon <br /> an orderly transition of control over such Baseline Corrective Action, including, but not <br /> limited to, compensation for equipment previously used by Purchaser in connection with <br /> Baseline Corrective Action. <br /> 6. Cashout Of Certain Baseline Corrective Action Obligations. Seller shall have the <br /> option to extinguish its share of Baseline Corrective Action Costs for a 76 Asset in <br /> exchange for an agreed lump-sum payment to Purchaser upon the sale of a 76 Asset <br /> owned by Purchaser. Designation of such a 76 Asset shall be made by written notice to <br /> Purchaser. Purchaser and Seller shall negotiate in good faith in an attempt to agree on <br /> the appropriate lump-sum payment. In the event the parties are unable to agree on the <br /> lump-sum payment, Seller shall have the option to submit the matter for dispute <br /> resolution in accordance with Section 10. Upon payment of the agreed upon amount or <br /> the amount determined by the Independent Consultant to be appropriate, Seller shall be <br /> released by Purchaser from any further environmental obligation with respect to Baseline <br /> Corrective Action for such a 76 Asset and shall be entitled to indemnification by <br /> Purchaser pursuant to section 8(b)(vi). Only Purchaser's share of the projected Baseline <br /> Corrective Action Costs used in determining the lump-sum payment shall be included at <br /> that time in calculating the $200 Million Cap and shall not otherwise be included in <br /> calculating the allocation of Baseline Corrective Action Costs pursuant to Section 4(a). <br /> 8. <br />
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