FULL AGENDA PACKET_2021-07-20 - Laserfiche WebLink

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outlined in Exhibit E. A schedule for each related activity shall be established as part of this Agreement. If Proponent is unable to meet the activity's schedule, Proponent will notify DTSC's Project Manager 10 days prior to the scheduled action or submittal date. If DTSC is unable to meet the activity's schedule, DTSC will notify Proponent 10 days prior to the scheduled action or submittal date. 20. Incorporation of Exhibits, Plans and Reports. All exhibits are incorporated into this Agreement by reference. All plans, schedules and reports that require DTSC's approval and are submitted by Proponent pursuant to tis Agreement are incorporated in this Agreement upon DTSC's approval. 21. Reservation of Rights. DTSC reserves all of its statuto and regulatory powers, authorities, rights, and remedies under applicable laws to protect public health or the environment, including the right to recover its costs incurred therefor. Proponent reserves all of its statutory and regulatory rights, defenses and remedies available to the Proponent under applicable laws. 22. Non -Admission of Liability. By entering into this Agreement, Proponent does not admit to any finding of fact or conclusi l set forth in this Agreement or any fault or liability und2f, applicable laws. 23. Proponent Liabilities NothinjWthis Agreement shall constitute or be considered a covenant not to sue, r lease orWisfaction from liability by DTSC for any condition or claim arising as a result uIll is past, current, or future operations or ownershlillIM, e Site. AW 4. Government Liabilities. The State of California or DTSC shall not be liable for an ries or damages to per s or the Site resulting from acts or omissions by Propone by related parties in carrying out activities pursuant to this Agreement, nor shall the St California or DTSC be held as a party to any contract entered into by Proponent or i nt§&parrying out the activities pursuant to this Agreement. 25. Third PWfty Actions. In the event that Proponent is a party to any suit or claim for damages or contribution relating to the Site to which DTSC is not a party, Proponent shall notify DTSC in writing within 10 days after service of the complaint in the third -party action. Proponent shall pay all costs incurred by DTSC relating to such third -party actions, including but not limited to responding to subpoenas. 26. California Law. This Agreement shall be governed, performed and interpreted under the laws of the State of California. City Council 7 2 — 12 7/20/2021 5. t 3.202 t &l ,,&m vnILHA ryKbM A, 30 2020. Version Update Febnary Y{ 2021