CITIZENS FOR SAFE DRINKING WATER

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Citizens for Safe Drinking Water 1010 University Avenue # 52 San Diego, CA 92103 (800) 728-3833 Keepers-of-the-Well.org Colleen Nichol, City Clerk Mayor and City Council Members City of Riverside 3900 Main St. Riverside, CA 92522 RECEIVED SEP 0 5 2007 City of Riverside City Clerk's Office August 31, 2007 Re: Actual and Constructive Notice of non-compliance, unlawful activity, misrepresentation and liability related to your official and personal duties; Remedies Ms. Nichol, The attached Actual and Constructive Notice and supportive documents are sent to you in your official capacity as a responsible party for an entity in the chain of delivery of hydrofluosilicic acid and its contaminants to water consumers within the arena for which you have decision-making or administrative duties, including protection of legal and financial interests of the public. These documents are also sent to you in your personal capacity to the extent that it may be deemed that you have personal responsibilities and liabilities. Indemnification or hold harmless agreements do not customarily extend personal protection when actions or omissions are associated with non-compliance with State law, non-disclosure of material facts, participation in ongoing patterns of meaningful or willful misrepresentation, failure to warn, and non-disclosure to the appropriate parties of financial risk or impact. This Notice encompasses actions and omissions for which you have direct control and responsibility, but also encompasses special duties an entity in the chain of delivery bears as a "learned intermediary" or within the doctrine of "sophisticated user."