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LETTER OF CO NT FOR REEMBURSh-MENT OF COSTS <br /> CLAIM NO: 003644 AMENDMENT NO: 0 <br /> CLAIMANT: American Transit Mix BALANCE FORWARD: $0 <br /> CO—PAYEE: None <br /> THIS AMOUNT: $20,000 <br /> CLAIMANT ADDRESS: P.O. BOX 5252 NEW BALANCE: $20,000 <br /> Pleasanton, CA 94566 <br /> TAX ID / SSA NO. : 68-0151618 <br /> Subject to availability of funds, the State Water Resources Control Board (SWRCB) agrees <br /> to reimburse American Transit Mix (Claimant) for eligible corrective action costs at Tracy <br /> Plant #263 651 S. MacArthur Blvd. , Tracy, CA 95376 (Site) . The commitment reflected by <br /> this Letter is subject to all of the following terms and conditions: <br /> 1. Reimbursement shall not exceed $20,000 unless this amount is subsequently modified <br /> in writing by an amended Letter of Commitment. <br /> 2. The obligation to pay any sum under this Letter of Commitment is contingent upon <br /> availability of funds. In the event that sufficient funds are not available for <br /> reasons beyond the reasonable control of the SWRCB, the SWRCB shall not be obligated <br /> to make any disbursements hereunder. If any disbursements otherwise due under this <br /> Letter of Commitment are deferred because of unavailability of funds, such <br /> disbursements will promptly be made when sufficient funds do become available. <br /> Nothing herein shall be construed to provide the Claimant with a right of priority <br /> for disbursement over any other claimant who has a similar Letter of Commitment. <br /> 3. All costs for which reimbursement is sought must be eligible for reimbursement and <br /> the Claimant must be the person entitled to reimbursement thereof. <br /> 4. Claimant must at all times be in compliance with all applicable state laws, rules <br /> and regulations and with all terms, conditions, and commitments contained in the <br /> Claimant's Application and any supporting documents or in any payment requests <br /> submitted by the Claimant. <br /> 5. No disbursement under this Letter of Commitment will be made except upon receipt of <br /> acceptable Standard Form Payment Requests duly executed by or on behalf of the <br /> Claimant. All Payment Requests must be executed by the Claimant or a duly <br /> authorized representative who has been approved by the Division of Clean Water <br /> Programs. <br /> 6. Any and all disbursements payable under this Letter of Commitment may be withheld if <br /> the Claimant is not in compliance with the provisions of Paragraph 5 above. <br /> 7. Neither this Letter of Commitment nor any right thereunder is assignable by the <br /> Claimant without the written consent of the SWRCB. In the event of any such <br /> assignment, the rights of the assignee shall be subject to all terms and conditions <br /> set forth in this Letter of Commitment and the SWRCB's consent. <br /> 8. This Letter of Commitment may be withdrawn at any time by the SWRCB if completion of <br /> corrective action is not performed with reasonable diligence. <br /> IN WITNESS WHEREOF, this Letter of Commitment has been issued by the SWRCB this <br /> 1st day of July, 1994. <br /> STATE WATER RESOURCES CONTROL BOARD STATE USE <br /> CALSTARS CODING <br /> BY 0550 - 569.02 - 30530 <br /> anager, de r and orage Tank Cleanup Fund Program $ <br /> B <br /> C ief, Division inistrative Services <br /> R:3/24/94 <br />