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3.9 Condition Precedent. It is expressly understood and agreed that DTSC's <br /> receipt of the advance payment described in Paragraph 3.8.1. is a condition precedent to <br /> DTSC's obligation to provide oversight, review and/or comment on documents. <br /> 3.10 Record Retention. DTSC shall retain all cost records associated with the work <br /> performed under this Agreement for such time periods as may be required by applicable <br /> state law. The Proponents may request to inspect all documents which,support DTSC's <br /> cost determination in accordance with the Public Records Act, Government Code section <br /> 6250 et seq. <br /> 3.11 Proiect Coordinator. The work performed pursuant to this Agreement shall <br /> be under the direction and supervision of a qualified project coordinator, with expertise in <br /> hazardous substance site cleanup. The Proponents shall submit: the name and address <br /> of the project coordinator and shall promptly notify DTSC of any change in the identity of <br /> the Project Coordinator. <br /> 3.12 Access. Proponents shall obtain access to the Site and offsite areas to <br /> which access is necessary to implement this Agreement. Such access shall be provided <br /> to DTSC's employees, contractors, and consultants at all reasonable times. Nothing in this <br /> paragraph is intended or shall be construed to limit in any way the right of entry or <br /> inspection that DTSC or any other agency may otherwise have by operation of any law. <br /> DTSC and its authorized representatives shall have the authority to enter and move freely . <br /> about all property at the Site at all reasonable times for purposes including, but not limited <br /> to: inspecting records, operating logs, sampling and analytic data, and contracts relating <br /> to this Site; reviewing the progress of the Proponents in carrying out the terms of this <br /> Agreement; conducting such tests as DTSC may deem necessary; and verifying the data <br /> submitted to DTSC by the Proponents. <br /> 3.13 Sampling, Data and Document Availability. When requested by DTSC, the <br /> Proponents shall make available to DTSC, and shall provide copies of all data and <br /> information concerning contamination at the Site, including technical records and <br /> contractual documents, sampling and monitoring information and photographs and maps, <br /> whether or not such data and information was developed pursuant to this Agreement. <br /> 3.14 Notification of Field Activities. The Proponents shall inform DTSC at least <br /> seven (7) days in advance of all field activities pursuant to this Agreement and shall allow <br /> DTSC and its authorized representatives to take duplicates of any samples collected by <br /> the Proponents pursuant to this Agreement. <br /> 3.15 Notification of Environmental Condition. The Proponents shall notify DTSC's <br /> Agreement Manager immediately upon learning of any condition posing an immediate <br /> threat to public health or safety or the environment. Within seven (7) days of the onset of <br /> such a condition, the Proponents shall furnish a report to DTSC, signed by the Proponents' <br /> Agreement Manager, setting forth the events, which occurred, and the measures taken in <br /> the response thereto. <br /> 6 <br />