ALTAMONT LANDOWNERS SETTLEMENT - Laserfiche WebLink

7.6.3. The Advisory Board's proposal shall be submitted by April 1 of each year to the County, the Cities and the board of NCRA, each of which shall hold public discussions of the recommendations at Board, City Council and NCRA board meetings, respectively. The Cities, County and NCRA board shall act on the recommendations within sixty (60) days and shall determine only whether the recommendations are consistent with the purposes set forth in Subsection 7.6.2. Concurrence by all four governing bodies shall be necessary to fund the Advisory Board's proposed allocation. In the absence of concurrence, the proposal shall be referred back to the Advisory Board for reconsideration. 7.7. Notwithstanding the provisions of Section 14 of this Agreement, the provisions of Subsections 7.3 through 7.6 inclusive may be amended by the unanimous written agreement of all Parties other than WMAC. 7.8. The County shall take those reasonably available actions within its authority to ensure that the fees imposed by the Amended Use Permit (pursuant to Conditions No. 18.1 and 18.2 of Exhibit "A" attached hereto) are included in the franchise rate base for each franchisor or each jurisdiction which disposes of franchise solid waste at the ALRRF. 8. Rele0se and Waiver. Each Party releases and discharges each other Party and their respective successors, assigns, officers, directors, members, agents, employees and attorneys from any and all claims, liabilities, obligations, costs, expenses, actions and causes of action, whether known or unknown, suspected or unsuspected, which each Party now has or may hold, based upon any fact, act or omission occurring prior to the date of this Agreement related to the Consolidated Lawsuits, or in any way arising out of or in connection with: (a) the County's approval of the 1996 Permit; (b) the environmental review performed in connection with the 1996 Permit; (c) subsequent acts and omissions of the County with respect to such approvals occurring prior to the date of this Agreement; and (d) the commencement, prosecution or defense of the Consolidated Lawsuits. It is specifically agreed by the Parties that they are expressly waiving all rights under section 1542 of the California Civil Code which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This release shall not be construed to limit the right of any Party to assert any claim or cause of action arising in connection with any event, fact, circumstance, or violation of law occurring after the date of this Agreement. This release also shall not be construed to limit the rights of any Party, or their members, representatives or agents, from taking positions adverse to each other on matters other than the expansion of the ALRRF consistent with this Agreement and the Amended Use Permit, as provided for in Section 4 of this Agreement. This release also shall not be construed to limit the rights of the Parties to submit and negotiate claims for attorneys' fees and costs arising out of the Consolidated Lawsuits, or to enforce the provisions of this Agreement. 9. Acknowledgements and Warranties. The Parties acknowledge that they have been represented by independent legal counsel throughout the negotiations that culminated in the execution of this Agreement. The Parties further acknowledge that they have been fully advised 17 Final AItamont Settlement Agreement