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ALTAMONT LANDOWNERS SETTLEMENT
City of Pleasanton
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LONG TERM AGREEMENT
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ALTAMONT LANDOWNERS SETTLEMENT
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1/13/2011 2:28:47 PM
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LONG TERM AGREEMENTS
LONG TERM AGREEMENTS - DOCUMENT DATE
12/5/1999
LONG TERM AGREEMENTS - NAME
ALTAMONT LANDFILL
LONG TERM AGREEMENTS - TYPE
MISC AGMT
LONG TERM AGREEMENTS - RECORD SERIES
704-06 (Long Term Agreements)
LONG TERM AGREEMENTS - DESTRUCTION DATE
PERMANENT
LONG TERM AGREEMENTS - NOTES
WASTE MANAGEMENT
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If to Waste Management <br />of Alameda County, <br />Inc., to: <br /> <br />Rich Thompson and Dave McDonald <br />Waste Management of Alameda County, Inc. <br />172 98th Avenue <br />Oakland, California 94603 <br />Facsimile: (510) 613-2839 <br /> <br />Copy to: <br /> <br />Doug Sobey, Senior Vice-President <br />Waste Management--Western Area <br />155 North Redwood Drive, Suite 250 <br />San Rafael, California 94903 <br />Facsimile: (415) 479-3737 <br /> <br />Copy to: <br /> <br />Michael H. Zischke <br />Landels Ripley & Diamond, LLP <br />350 The Embarcadero, 6th Floor <br />San Francisco, California 94105-1250 <br />Facsimile: (415) 512-8750 <br /> <br />Any Party hereto may at any time, by giving ten (10) days written advance notice to the other <br />Parties hereto, designate a new address and/or facsimile number for notices and communications <br />pursuant to this Agreement. <br /> <br /> 11. Applilzable La~v. This Agreement shall be construed and enforced pursuant to the <br />laws of the State of California. <br /> <br />12. Attorneys' Fees and Costs. <br /> <br /> 12.1. In any action or proceeding at law or in equity between any of the Parties <br />to enforce or interpret any provision of this Agreement, each Party shall bear all of its own costs, <br />including attorneys and experts fees. <br /> <br /> 12.2. Notwithstanding subsection 12.1 above, payment of petitioners' attorneys <br />fees and costs in connection with the 1996 Permit, Sierra Club Lawsuit, Livermore Lawsuit, <br />Pleasanton Lawsuit, Consolidated Lawsuits, court of appeal proceedings (the "Litigation <br />Activities"), settlement activities related to the foregoing, and approvals related to landfill <br />expansion, including without limitation the Amended Use Permit and ColWMP amendments <br />(collectively, the "Settlement Activities"), shall be governed by section 13 of this Agreement. <br /> <br /> 13. <br />Activities. <br /> <br />Attorneys' Fees and Costs Related to Litigation Activities and Settlement <br /> <br /> 13.1. WMAC shall pay to the Cities their attorneys fees and costs in connection <br />with the Litigation Activities and Settlement Activities incurred by the Cities, from the last week <br />of October 1996 through September 30, 1999, in the amount of $251,796, which represents the <br />actual fees and costs billed by the Cities' attorneys to the Cities through September 30, 1999. <br />WMAC shall pay seventy-five percent (75%) of this amount following execution of the <br />settlement agreement, in accordance with the procedures set forth in subsection 13.3 below, and <br /> <br />20 <br /> Final Altamont Settlement Agreement <br /> <br /> <br />
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