BKK Working Group (2015)
Contracts and Agreements
BKK Working Group (2015)
3/10/2016 4:38:11 PM
3/10/2016 4:38:10 PM
CONTRACTS and AGREEMENTS
BKK Working Group
Third Tolling Agreement - BKK Corporation Landfill Facility
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110 <br /> Claims,to the extent such limitations period or other time-related defense is tolled by this <br /> Agreement,as a bar to or other limitation on any of the Claims. <br /> 3. The BKK Working Group and the City of Rancho Palos Verdes agree not to <br /> initiate litigation concerning the investigation,remediation,or the recovery of costs relating to <br /> the Facility against the other Party between the Effective Date and the Termination Date. <br /> However,this provision shall not preclude any Party from seeking information pursuant to the <br /> California Public Records Act("PRA"),California Gov't Code §§6250-6276.48 from another <br /> Party or a third Party relating to waste disposed at or.liability associated with the Facility or from <br /> enforcing rights to such information under the PRA. • <br /> 4. Each of the undersigned certifies that he or she is fully authorized to enter into the <br /> terms and conditions of this Agreement and to legally bind such party to all terms and conditions <br /> of this document. This Agreement shall be binding upon the Parties,their successors and any <br /> additional entities who may join the BKK Working Group after execution of this Agreement. <br /> 5. By entering into this Agreement,the Parties do not admit any fact nor assume any <br /> liability of any kind: Moreover,this Agreement may not be offered as evidence of an admission <br /> of such responsibility or liability in any court,administrative,alternative dispute resolution <br /> proceeding or legal proceeding,except as to enforce the standstill agreement and.as to the issue <br /> of the tolling of any Statute of Limitations or any other time-related defense. <br /> 6. The BKK Working Group and the City of Rancho Palos Verdes agree that this <br /> _Agreement shall not apply to any third party and shall not revive any rights,claims,causes of <br /> action,counterclaims,crossclaims or defenses that are already barred by an applicable provision <br /> of law as of the Effective Date. Notwithstanding the above,this Agreement shall inure to the <br /> benefit of and be binding upon any and all legal successors to or assigns of the Parties. Nothing <br /> expressed or implied in this Agreement is intended to confer on any person other than the Parties <br /> • <br /> and their legal successors or assigns any rights or obligations under this Agreement. <br /> 7. This Agreement may be signed in counterparts by one or more of the Parties,and - <br /> those counterparts when taken together shall have the same force and effect as if a single, <br /> original document had been signed by all the Parties. <br /> 8. The Termination Date of this Agreement shall be the earlier of: (a)January 2, <br /> 2018,or(b)fifteen(15)days after any Party,in its sole discretion,gives written notification of <br /> termination to the other Party. Notwithstanding the termination of this-Agreement,the Statute of <br /> Limitations shall remain tolled for an additional sixty(60)days following the Termination Date. <br /> This provision shall survive the termination of the Agreement. <br /> 9. The Parties shall preserve and maintain,during the term of the tolling period,and <br /> for a minimum of 90 days after termination of the tolling period,at least one legible copy of all <br /> documents and other materials subject to discovery under the Federal Rules of Civil Procedure <br /> and relating to waste disposal at the Facility,regardless of any document retention policy to the <br /> contrary. <br /> • <br /> 10. This Agreement contains the entire agreement between the Parties,and no <br /> statement,promise,or inducement made by any Party to this Agreement that is not set forth in <br /> this Agreement shall be valid or binding,nor shall it be used in construing the terms of the <br /> Agreement as set forth herein. <br /> 2 <br /> A/76273682.1 <br />
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