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LETTER 'OF CO VIITMENT FOR REIlVIBLJR& sMENT OF COSTS <br /> CLAIM NO: 002408 AMENDMENT NO: 0 <br /> CLAIMANT: Pacific Bell BALANCE FORWARD: $0 <br /> CO—PAYEE: None <br /> .THIS AMOUNT: $70,000 <br /> CLAIMANT ADDRESS: 2600 Camino Ramon,..MOM' NEW BALANCE: . $70,000 <br /> San Ramon, CA 94583 <br /> TAX ID / SSA NO. : 94-0745535 <br /> r <br /> Subject to availability of funds, the State Water Resources Control Board (SWRCB) agrees <br /> to reimburse Pacific Bell (Claimant) for eligible corrective action costs at Pac Bell 345 <br /> N. San Joaquin Street, Stockton CA (Site).. The commitment reflected by this Letter .i5. .__... <br /> . Tsuba:ect_ta-a1-1—c�f the .following terms=and�condit�ons:� l "� - <br /> 1. Reimbursement shall not exceed $70,000 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 /> J <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 /> 9th day of June, 1994. <br /> STATE WATER RESOURCES CONTROL BOARD STATE USE <br /> CALSTARS CODING <br /> BY G 0550 - 569.02 30530 <br /> Manager a roun Storage Tank Cleanup Fund Program $ <br /> BY <br /> h' f, Division Administrative Services t <br /> 8:3724194 I <br />