Item 02 - Department of Toxic Substances Control Standard Voluntary Agreement

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7 5.13.2021Standard Voluntary Agreement Model July 30, 2020, Version Update February 22, 2021 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 this Agreement are incorporated in this Agreement upon DTSC’s approval. 21. Reservation of Rights. DTSC reserves all of its statutory 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 conclusion of law set forth in this Agreement or any fault or liability under applicable laws. 23. Proponent Liabilities. Nothing in this Agreement shall constitute or be considered a covenant not to sue, release or satisfaction from liability by DTSC for any condition or claim arising as a result of Proponent's past, current, or future operations or ownership of the Site. 24. Government Liabilities. The State of California or DTSC shall not be liable for any injuries or damages to persons or the Site resulting from acts or omissions by Proponent or by related parties in carrying out activities pursuant to this Agreement, nor shall the State of California or DTSC be held as a party to any contract entered into by Proponent or its agents in carrying out the activities pursuant to this Agreement. 25. Third Party 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.