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i <br /> LETTER OF NIMITMENT FOR REIMBURSEI v ,NT OF COSTS <br /> CLAIM NO : 006998 AMENDMENT NO : .0 <br /> CLAIMANT : PACIFIC COAST PRODUCERS <br /> BALANCE FORWARD : $0 <br /> CO-PAYEE : NONE - <br /> THIS AMOUNT : $50,000 <br /> JOINT CLAIMANT : NONE <br /> NEW BALANCE : $50,000 <br /> RON MYERS <br /> CLAIMANT ADDRESS : P O BOX 1600 <br /> LODI, CA 95241-1600 <br /> TAX ID/SSA NO! 94-1748199 <br /> Subject to availability of funds, the State Water Resources Control Board (SWRCB) <br /> agrees to reimburse PACIFIC COAST PRODUCERS (Claimant) for eligible Corrective action <br /> costs at LODI CANNERY, WAREHOUSE #6 32 .TOKAY ST, LODI, CA 95240 (Site) . The commitment <br /> reflected by this Letter is subject to all of the following terms and conditions : <br /> 1. Reimbursement shall not exceed $50. 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 <br /> obligated to make any disbursements hereunder. If any disbursements otherwise due <br /> under this Letter of Commitment are deferred because of unavailability of funds, <br /> such 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 'siupporting 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 /> G. Any and all disbursements payable under this Letter of Commitment may be withheld <br /> if 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 /> 6 . This Letter of Commitment may be withdrawn at any time by the SWRCB if completion <br /> of corrective action is not performed with reasonable diligence. <br /> IN WITNESS WHEREOF, this Letter of Commitment has been issued by the SWRCB this <br /> 2nd day of April, 1997 . <br /> STATE W ER ESOURCE C N ROL BOARD ' <br /> _ I <br /> B <br /> 01 1,ST-1 RS COMM;: <br /> ana er, rgro-6n"e Storage Tank Cleanup Fund Program 0511i-56v.02-3030 <br /> BY <br /> Chief, Division Administrative Services R:3124»4 <br />