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to the effective date of the Agreement, and (2) all costs incurred by DTSC in providing <br /> oversight pursuant to this Agreement, including review of the documents described in <br /> Exhibit C and associated documents, and in providing oversight of field activities. An <br /> estimate of DTSC's oversight costs is attached as Exhibit D. It is understood by the parties <br /> that Exhibit D is an estimate and cannot be relied upon as the final cost figure. DTSC will <br /> bill the Proponents quarterly. Proponents agree to make payment within sixty (60) days <br /> of receipt of DTSC's billing. Such billings will reflect any amounts that have been advanced <br /> to DTSC by the Proponents. This agreement does not settle or waive any costs that DTSC <br /> has incurred, or will incur, at the Site that are not specifically addressed in this Agreement. <br /> 3.8.1 In anticipation of services to be rendered and for cost incurred to date <br /> relating to this agreement. Proponents shall make a payment of $43,353.00 to DTSC. <br /> Approximately $24,000.00 accounts for charges incurred to date. That payment shall be <br /> made no later than ten (10) days after this Agreement is fully executed. If the Proponents' <br /> advance payment does not cover all costs payable to DTSC under this paragraph, <br /> Proponents agree to pay the additional costs within sixty (60) days of receipt of a bill from <br /> DTSC. <br /> 3.8.2 If any bill is not paid by the Proponents within sixty (60) days after it is sent <br /> by DTSC, the Proponents may be deemed to be in material default of this Agreement. <br /> 3.8.3 All payments made by the Proponents pursuant to this Agreement shall be <br /> by a check made payable to the "Department of Toxic Substances Control", and bearing <br /> on its face the project code for the Site (site # 101350) and the docket number of this <br /> Agreement. Payments shall be sent to: <br /> Department of Toxic Substances Control <br /> Accounting/Cashier <br /> 1001 "1" Street <br /> P.O. Box 806 <br /> Sacramento, California 95812-0806 <br /> A photocopy of the check shall be sent concurrently to DTSC's Agreement <br /> Manager/Regional Branch Chief. <br /> 3.8.4 If the advance payment exceeds DTSC's actual oversight costs, DTSC will <br /> provide an accounting for expenses and refund the difference within one hundred-twenty <br /> (120) days after termination of this Agreement in accordance with Paragraph 3.18. In no <br /> other case shall the Proponents be entitled to a refund from DTSC or to assert a claim <br /> against DTSC for any amount paid or expended under this Agreement. <br /> 5 <br />