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Final Project Agreement -- Terms and Conditions of the FPA (cont.)

    1. Agency Contacts

      Any notice required to be given or which shall be given under this FPA must be in writing and delivered to the Agency contacts listed in Attachment 5. If a Party's contact changes, that Party shall provide written notice of the change to all other Parties. This Agreement may be signed in multiple counterparts, which together will constitute a single Agreement.

    2. ADEQ As The Coordinating Agency

      The Parties to this FPA are Intel, EPA, ADEQ, Maricopa County and the City of Chandler. The Parties designate ADEQ as the coordinating Agency for the FPA. This role includes assuming specific responsibilities with regard to the activities outlined in subparagraphs (a) and (b) below. ADEQ also agrees to assist in the administration of the FPA procedures applicable to the modification, termination and renewal of the FPA. See Section II(J) below. Finally, as the coordinating Agency, ADEQ is expected to notify and coordinate meetings with the appropriate parties, including interested members of the public, to address multi-media issues that might arise during the term of this FPA. Nothing in this FPA shall be construed to reduce or conflict with the legal authority, statutory jurisdiction and/or enforcement powers of each participating Agency, or affect in any manner any existing delegation agreements between participating agencies. Rather, the designation of ADEQ as the coordinating Agency for the FPA is intended to (i) streamline regulatory oversight where possible; (ii) reduce confusion as to which Agency to consult regarding implementation issues; (iii) provide a means for developing and coordinating integrated approaches to any multi-media environmental issues that arise during the term of this Agreement; and (iv) make it easier for the public to obtain non-proprietary information on Intel's Project XL. ADEQ is not considered an agent of any other Party by virtue of being the coordinating Agency for this FPA.

      1. Maintenance Of Public Records ADEQ will maintain publicly accessible files containing copies of the FPA and any amendments to it, consolidated reports issued by Intel pursuant to Section II(G) of this Agreement, meeting records of all stakeholder processes and public notices regarding the FPA. Public files also will reference the location of relevant back-up documentation. These publicly accessible files will be located at: The Arizona Department of Environmental Quality
        Office of Customer Service & External Affairs,
        Information Center, 1st Floor
        3033 North Central Avenue
        Phoenix, AZ 85012 Todd Dorris at ADEQ, (602) 207-4248, has been designated the contact person for questions on any documents contained in the public files for Intel's Project XL for the Ocotillo Site.

      2. Coordination Of Other Implementation Issues Any Party to this Agreement which intends to (i) conduct an inspection, (ii) raise a regulatory compliance issue or any other environmental issue with Intel, and/or (iii) bring an enforcement action related to any enforceable commitment undertaken by the Company pursuant to this FPA (which includes its attachments) should provide advance notice to ADEQ, unless the Agency determines that prior notice would be inappropriate. In such cases, notice shall be made as soon as practicable. This procedure will enable ADEQ to be aware of environmental issues arising at the Ocotillo Site, thereby enabling it to coordinate environmental activities related to the Site and to assist in the development of effective, integrated approaches for addressing cross-media and/or cross-Agency issues.

    3. Severability Of FPA Provisions

      If any provision of this FPA is deemed contrary to law, any remaining provisions that can be implemented independently of the voided provision shall remain in full force and effect.

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