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July 1, 1992 TWC Application No.:2965 LPST No.:92680-B Fund PaYment Report as a result of corrective action described in the Commission's application number 2965 at LPST site number 92680- B, tank registration number(s) 21680 located at 630 E. Hopkins, San Marcos, Hays County, Texas. If claimant does not file a protest under Commission rules, protesting the Commission's determination of the disallowed portion of the claim as described in the attached Fund PaYment Report, this payment will be considered in ful1 satisfaction of all claims for PST funds under this application. 2. Claimant hereby agrees and by signing this instrument hereby assigns, transfers and subrogates to the Commission all claims, demands, and causes of action, including statutory, punitive, or exemplary damage claims, which claimant may have against its consultants, contractors, subcontractors, and their agents, relating to the sums paid them and arising out of activities performed by them at LPST site number 92680-B. claimant is not assigning to the Commission any claims or causes of action claimant may have against its consultants, contractors, subcontractors, and their agents, arising out of third-party liability actions brought against claimant, or for other claims unrelated to the LPST activities. 3. Claimant shall cooperate fUlly, including providing testimony and documentary (including, but not limited to, drawings, designs, charts and graphs) photographic, audiotape, or videotape evidence within the possession or control of claimant as requested by the Commission for the purposes of investigating and, if necessary, asserting any claim concerning any matters arising out of the remediation at the site covered by this agreement or the claims paid for corrective action performed at this site. Claimant further agrees to maintain all dqcumentary (including, but not limited to, drawings, designs, charts and graphs) photographic, audiotape, or videotape evidence at its expense for a period of four (4) years from the date this agreement is signed by claimant. 4. Claimant has inquired of his contractor(s) and has reviewed the application. To his knowledge, claimant has not requested reimbursement for any costs for actions which it directed or agreed with its contractors or consultants to perform or for any items that it directed or agreed with its contractors or consultants to rent or purchase in excess of (a) Texas Water Commission clean-up standards in effect at the time the remediation activities took place; (b) necessary cost; (c) allowable costs; or (d) reasonable costs (hereinafter collectively referred to as II excess paYments"). Claimant agrees that the Texas Water Commission may recover from claimant any excess payments for actions which claimant directed or agreed with its contractors to perform, or for any items that it directed or agreed with its consultants or contractors to rent or purchase.