ET AL-TOLLING AGREEMENT - Laserfiche WebLink

FEB £6 '98 05;03PM MORRISOM FOERSTER P.5,'7 5, Nothing in this Agreement shall be deemed to limit, abrogate or waive any right of DSRSD under that certain "Wastewater Capacity Lease Agreement" between Livermore and DSRSD, dated August I l, 1997, or that certain "First Supplemental Agreement to Agreement for Wa~tewater Disposal Services" between Pleasanton and DSRSD, dated September 2, 1997 (collectively, the "LAVWM_A Agreements"), including any right to object to any action or inaction by Livermore or Pleasanton that violates the terms and provisions of the LA. WNMA Agreements. 6. Nothing in this Agreement shall be deemed to limit, abrogate or waive any right of Zone 7, DSKSD, Windemere or Shapell to (a) assert that any applicable limitations period already has explred as to Pleasanton under the terms of the Pleasanton Agreement or Co) insist that any action filed by Pleasanton be limited to the claims and issues permitted under the Pleasanton Agreement to be so filed. If any applicable statute o£1imitations has so expired as to Pleasanton, then this Agreement shall not be deemed to create any new or renewed opportunity for ?leasanton to initiate legal action. 7. Each person signing this Tolling Agreement has been authorized to enter into this Tolling Agreement and to sign such other papers and documents as may be necessa~ to carry out the purposes hereof. 8. This Tolling Agreement may be used by any party hereto in a court of law as an absolute bar to the assertion of any position contrary to the terms hereof. 9~ Nothing in this Toiling Agreement shall be deemed to limit, abrogate or waive any right ofDSRSD, BMWD, Zone 7, Windemere or Shapell to raise any ela~ or defense against any individual, agency or entity other than Pleasaaton or Livermore. 10. Except as specifically set forth herein, each of the parties hereto expressly retains and reserves all of its legal rights and remedies provided by law, and nothing contained herein shall be deemed to prejudice such rights. 11. This Tolling Agreement is intended solely for the benefit of the parties hereto and shall not be construed to create any fights in any other person or entity. 3 wc-20075