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b) Regulation 7 (odorous Substances), Regulation 12, Rule 3 (Asphalt Blowing Index) and other applicable regulations of the Bay Area Air Quality Management District ("BAAQMD") as those regulations may be amended from time to time; and c) All other Federal and State regulatory agency permits and approvals Notwithstanding the County's and City's release and waiver of claims, if the County, BAAQMD, or other State or Federal regulatory agency commences an investigation or enforcement action against Granite or CEMEX, regarding operations of the Asphalt Plant, at either its current location or New Location, the City and County may provide information to cooperate with such agency. 7.0 Operational Limitations To Be Imposed On Current Asphalt Operations at Existins~ Location, to Remain in Effect Only Until Asphalt Plant is Relocated To New Location or the Offsite Location: If the Asphalt Plant is not relocated to the New Location or Offsite Location by March 31, 2008 for reasons described in Section 3.6.1 --specifically, should the relocation fail to occur by this date due to factors directly involving the County or City - then commencing on April 1, 2008, Granite will limit rubberized asphalt production time such that total production time does not exceed 10 days during the calendar year (beginning January 1, 2008), provided, however, that any rubberized asphalt production after January 1, 2008 that is performed pursuant to a contract entered into by Granite prior to the effective date of this MOU shall not count against the 10 day production time limit. Should the 10-day production time-limit take effect Granite may request additional production time from the County by citing justifying circumstances in writing. The County, after consulting with the City and the BAAQMD, will have sole discretion in determining whether to grant this request. Should the relocation of the Asphalt Plant not occur by March 31, 2008 due to reasons that are not attributable to delays directly involving the County or City, then commencing on April 1, 2008, Granite will cease rubberized asphalt production at the Current Location. Granite will retain the right under this scenario to request additional non-rubberized asphalt production time from the County by citing justifying circumstances in writing. The County, after consulting with the City and the BAAQMD, will have sole discretion in determining whether to grant this request. Notwithstanding any other provision to the contrary, once the Asphalt Plant is relocated to the New Location, there shall be no rubberized asphalt production time limit. 8.0 Future County Regulation of Quarry Operations or Related Activities All parties to this agreement recognize that this MOU does not supplant or in any way diminish the County's abilities to regulate quarry operations or related activities (including production of rubberized asphalt) in the future, either through the administration of Surface Mining Permits or the adoption of regulations of general applicability toquarry-related activities within the County of Alameda. 5