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2018-02-06_REVISION - M1982090
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2018-02-06_REVISION - M1982090
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Entry Properties
Last modified
6/16/2021 6:25:35 PM
Creation date
2/6/2018 11:49:36 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1982090
IBM Index Class Name
Revision
Doc Date
2/6/2018
Doc Name Note
Request for Technical Revision
Doc Name
Request for Technical Revision
From
Caldera Mineral Resources, LLC
To
DRMS
Type & Sequence
TR6
Email Name
THM
GRM
Media Type
D
Archive
No
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(a) From time to time,the Grantor and/or its representatives or contractors may <br /> request that the Trustee make payment of up to $700,000 total for Phase 1 Work performed <br /> under the Settlement from the Fund for the following items: <br /> (i) $350,000 of the total $700,000 for billings submitted to and approved <br /> under the Trust as they are submitted; <br /> (ii)Another$200,000 of the total $700,000 for billings submitted to and <br /> approved under the Trust after EPA approval all Phase 1 design deliverables required pursuant to <br /> the Work Plan, including identification of the source of necessary cover materials; and <br /> (iii)Another$150,000 of the total $700,000 for billings submitted to and <br /> approved under the Trust will be releasable upon EPA approval of that portion of Tasks 1-4 of <br /> the Phase 1 Work anticipated to be completed in 2017, as set forth in the Removal Work Plan. <br /> (b) The Grantor and/or its representatives or contractors may request that the <br /> Trustee make payment from the Fund for Work performed under the Settlement by delivering to <br /> the Trustee and the EPA a written invoice and certificate (together, a"Claim Certificate") signed <br /> by an officer of the Grantor(or the relevant representative or contractor). Any Claim Certificate <br /> should be in a form substantially identical to the sample provided in Exhibit A and, at a <br /> minimum, should: <br /> (i) Include a certification that the invoice is for Work performed at the Site <br /> in accordance with the Settlement; <br /> (ii)Describe the Work that has been performed; <br /> (iii) Specify the amount of funds requested from the Trust; and <br /> (iv) Identify the payee(s) of the funds request. <br /> (c) The EPA may object to any payment requested in a Claim Certificate <br /> submitted by the Grantor(or its representatives or contractors), in whole or in part, by delivering <br /> to the Trustee a written notice ("Objection Notice")within 25 days after the date of EPA's <br /> receipt of the Claim Certificate as shown on the relevant return receipt. EPA may object to a <br /> request for payment contained in a Claim Certificate only on the grounds that the requested <br /> payment is either: (1)not for the costs of Work completed under the Settlement; or(2) otherwise <br /> inconsistent with the terms and conditions of the Settlement. In the event that EPA delivers an <br /> Objection Notice to the Trustee, Grantor may invoke the dispute resolution procedures set forth <br /> in Section XV of the Settlement. An Objection Notice sent by the EPA shall state: <br /> (i)whether the EPA objects to all or only part of the payment requested in <br /> the relevant Claim Certificate; <br /> (ii)the basis for such objection, <br /> 4 <br />
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