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104. Release, Cancellation or Discontinuation of Financial Assurance. Purchaser may <br /> release, cancel or discontinue any financial assurance provided under this Section only: (a) if <br /> EPA issues a Notice of Completion of Work under Section XXVIII(Notice of Completion of <br /> Work); (b) in accordance with EPA's approval of such release, cancellation or discontinuation; <br /> or(c) if there is a dispute regarding the release, cancellation or discontinuance of any financial <br /> assurance, in accordance with the agreement, final administrative decision, or final judicial <br /> decision resolving such dispute under Section XV(Dispute Resolution). <br /> XXVI. MODIFICATION <br /> 105. The OSC may modify any plan or schedule, consistent with the Removal Work <br /> Plan, in writing or by oral direction. Any oral modification will be memorialized in writing by <br /> EPA promptly,but shall have as its effective date the date of the OSC's oral direction. Any other <br /> requirements of this Settlement may be modified in writing by mutual agreement of EPA and <br /> Purchaser. <br /> 106. If Purchaser seeks permission to deviate from any approved work plan or <br /> schedule, Purchaser's Project Coordinator shall submit a written request to EPA for approval <br /> outlining the proposed modification and its basis. Purchaser may not proceed with the requested <br /> deviation until receiving oral or written approval from the OSC pursuant to Paragraph 105. <br /> 107. No informal advice, guidance, suggestion or comment by the OSC or other EPA <br /> representatives regarding any deliverable submitted by Purchaser shall relieve Purchaser of its <br /> obligation to obtain any formal approval required by this Settlement, or to comply with all <br /> requirements of this Settlement, unless it is formally modified. <br /> XXVII. ADDITIONAL WORK <br /> 108. If EPA determines that additional work not included in the Removal Work Plan or <br /> other approved plan is necessary at the Site to complete the Work, EPA will notify Purchaser of <br /> that determination. Unless otherwise stated by EPA,within 30 days after receipt of notice from <br /> EPA that additional work is necessary at the Site to complete the Work,Purchaser shall submit <br /> for approval by EPA a work plan for the additional work. The plan shall conform to the <br /> applicable requirements of Section VIII (Work to Be Performed)of this Settlement. Upon EPA's <br /> approval of the plan pursuant to Paragraph 26 (Removal Work Plan and Implementation), <br /> Purchaser shall implement the plan for additional work in accordance with the provisions and <br /> schedule contained therein. This Section does not alter or diminish the OSC's authority to make <br /> oral modifications to any plan or schedule pursuant to Section XXVI (Modification). <br /> XXVIII. NOTICE OF COMPLETION OF WORK <br /> 109. When EPA determines, after EPA's review of the Final Report, that all Work has <br /> been fully performed in accordance with this Settlement,with the exception of any continuing <br /> obligations required by this Settlement, including Post-Removal Site Controls, payment of <br /> Future Response Costs, or record retention, EPA will provide written notice to Purchaser. If EPA <br /> determines that such Work has not been completed in accordance with this Settlement, EPA will <br /> notify Purchaser,provide a list of the deficiencies, and require that Purchaser modify the <br /> 33 <br />