Extract to table

The Project therefore satisfies the SEP Policy's fundamental requirement that a Supplemental Environmental Project must involve activities that the defendant is not otherwise legally obligated to perform

If Torchlight elects to fund the Project from the Remediation Trust Fund, it shall provide written notice to EPA Region 9 and DOJ ENRD at least 30 calendar days prior to any disbursement request, and the disbursement shall be subject to the terms and conditions of the Trust Agreement and the consent decree provisions governing Trust Fund use

shall bear any and all cost overruns beyond the $3,500,000 budget

In the event that actual costs exceed the budgeted amount, Torchlight shall be responsible for funding the excess from its own resources without any reduction in its other obligations under the consent decree

If actual Project costs are less than $3,500,000, the difference shall not reduce Torchlight's overall SEP obligation under the consent decree

Any proposed supplementary elements shall be subject to the same review and approval process as the original Project scope