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JAH:dit 1/15/91 (006/45) <br />19/91R <br />1. AGREEMENT BETWEEN DEVELOPER AND CONSULTANT. The <br />parties to this agreement do not intend to change in any way the <br />contractual arrangements existing between the Developer and the <br />Consultant pursuant to which the Consultant has commenced work on <br />the remedial action plans. The Consultant understands and agrees <br />that the Developer alone bears the responsibility to make payment <br />of its compensation for the preparation of the remedial action <br />plans and for any work the Consultant may do in addition thereto, <br />and that any funds the Agency may remit to the Consultant under <br />Section 2 of this agreement do not reflect any duty of the Agency <br />to the Consultant but rather are in the nature of an advance to <br />the Developer. <br />2. AGENCY TO RELEASE PORTION OF GOOD FAITH DEPOSIT. The <br />Agency agrees to release from the Good Faith Deposit a total sum <br />not to exceed Thirty -Thousand Dollars ($30,000.00) on each of the <br />terms set forth in this section. <br />a. Promptly after this agreement has been executed, the <br />Agency will remit directly to the Consultant the sum of <br />$9,000.00, and the Consultant agrees to resume work on <br />the remedial action plans forthwith. <br />b. Promptly upon receipt of (1) a copy of the Consultant's <br />invoice or invoices to the Developer for the bio- <br />remediation study plan or portions thereof and (2) the <br />Developer's advice that the invoice is in order for <br />payment, the Agency shall remit directly to the <br />Consultant the amount of each invoice so approved. <br />3 <br />