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supervision of a registered professional engineer licensed in California, with <br /> expertise in hazardous substance site cleanup. All geological work performed <br /> pursuant to this Agreement shall be under the direction and supervision of a <br /> registered professional geologist licensed in California, with expertise in <br /> hazardous substance site cleanup. Proponent's Project Manager, contractor or <br /> consultant shall have the technical expertise sufficient to fulfill his or her <br /> responsibilities. Fourteen (14) days prior to the start of any construction or soils <br /> testing conducted pursuant to this Agreement, Proponent shall notify DTSC's <br /> Project Manager in writing of the name, title, and qualifications of the registered <br /> professional engineer and/or professional geologist and of any contractors or <br /> consultants and their personnel to be used in carrying out the work under this <br /> Agreement in conformance with applicable state law, including but not limited to, <br /> Business and Professions Code sections 6735 and 7835. <br /> 18. DTSC Review and Approval. All work performed pursuant to this <br /> Agreement is subject to DTSC's review and approval. If DTSC determines that <br /> any report, plan, schedule or other document submitted for approval pursuant to <br /> this Agreement fails to comply with this Agreement or fails to protect public health <br /> or safety or the environment, DTSC may (a) return comments to Proponent with <br /> recommended changes and a date by which the Proponent must submit to DTSC <br /> a revised document incorporating or addressing the recommended changes; or <br /> (b) modify the document in consultation with Proponent and approve the <br /> document as modified. All DTSC approvals and decisions made regarding <br /> submittals and notifications will be communicated to Proponent in writing by <br /> DTSC's Branch Chief or his/her designee. No informal advice, guidance, <br /> suggestions or comments by DTSC regarding reports, plans, specifications, <br /> schedules or any other writings by the Proponent shall be construed to relieve <br /> Proponent of the obligation to obtain such written approvals. <br /> 19. Amendments. This Agreement, including the attached Operation and <br /> Maintenance Plan, may be amended in writing by mutual agreement of DTSC <br /> and Proponent. Such amendment shall be effective the third business day <br /> following the day the last party signing the amendment sends its notification of <br /> signing to the other party. The parties may agree to a different effective date. <br /> 20. Incorporation of Exhibits, Plans and Reports. All exhibits are <br /> incorporated into this Agreement by reference. All plans, schedules and reports <br /> that require DTSC's approval and are submitted by Proponent pursuant to this <br /> Agreement are incorporated in this Agreement upon DTSC's approval. <br /> 21. Reservation of Rights. DTSC reserves all of its statutory and <br /> regulatory powers, authorities, rights, and remedies under applicable laws to <br /> protect public health or the environment, including the right to recover its costs <br /> incurred therefor. Proponent reserves all of its statutory and regulatory rights, <br /> defenses and remedies available to Proponent under applicable laws. <br /> 6 <br />