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Payments shall be sent to: <br /> Department of Toxic Substances Control <br /> Accounting/Cashier <br /> 400 P Street, 4th Floor <br /> P.O. Box 806 <br /> Sacramento, California 95812-0806 <br /> A photocopy of the check shall be sent concurrently to DTSC's Agreement Manager/Regional <br /> Branch Chief. <br /> 3.8.4 If the advance payment exceeds DTSC's actual oversight costs,DTSC will provide <br /> an accounting for expenses and refund the difference within one hundred-twenty(120)days after <br /> termination of this Agreement in accordance with Paragraph 3.18. In no other case shall the <br /> Proponent be entitled to a refund from DTSC or to assert a claim against DTSC for any amount <br /> paid or expended under this Agreement. <br /> 3.9 Condition Precedent. It is expressly understood and agreed that DTSC's receipt of <br /> the advance payment described in Paragraph 3.8.1. is a condition precedent to DTSC's obligation <br /> 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 state <br /> law. The Proponent may request to inspect all documents which support DTSC's cost <br /> determination in accordance with the Public Records Act, Government Code section 6250 et seq. <br /> 3.11 Project Coordinator. The work performed pursuant to this Agreement shall be <br /> under the direction and supervision of a qualified project coordinator, with expertise in hazardous <br /> substance site cleanup. The Proponent shall submit: a) the name and address of the project <br /> coordinator; and b) in order to demonstrate expertise in hazardous substance site cleanup, the <br /> resume of the coordinator. The Proponent shall promptly notify DTSC of any change in the <br /> identity of the Project Coordinator. All engineering and geological work shall be conducted in <br /> conformance with applicable state law, including but not limited to, Business and Professions <br /> Code sections 6735 and 7835. <br /> 3.12 Aces. Proponent shall provide, and/or obtain access to the Site and offsite areas <br /> to which access is necessary to implement this Agreement. Such access shall be provided to <br /> 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 inspection <br /> that DTSC or any other agency may otherwise have by operation of any law. DTSC and its <br /> authorized representatives shall have the authority to enter and move freely about all property at <br /> the Site at all reasonable times for purposes including, but not limited to: inspecting records, <br /> operating logs, sampling and analytic data, and contracts relating to this Site; reviewing the <br /> progress of the Proponent in carrying out the terms of this Agreement; conducting such tests as <br /> DTSC may deem necessary; and verifying the data submitted to DTSC by the Proponent. <br /> 3.13 Sampling, Data and Document Availability. When requested by DTSC,the <br /> Proponent shall make available to DTSC, and shall provide copies of, all data and information <br /> concerning contamination at the Site, including technical records and contractual documents, <br /> sampling and monitoring information and photographs and maps, whether or not such data and <br /> information was developed pursuant to this Agreement. <br /> 3.14 Notification of Field Activities. The Proponent shall inform DTSC at least seven <br /> (7) days in advance of all field activities pursuant to this Agreement and shall allow DTSC and <br /> 4 <br />