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1111 • <br /> SECOND TOLLING AGREEMENT <br /> This Second Tolling Agreement ("Agreement") is made and entered into by and between <br /> the BKK Working Group and the City of Rancho Palos Verdes. The BKK Working Group is an <br /> unincorporated association of thirty-three entities, identified in Exhibit A, who in August 2010 <br /> entered into a Second Consent Decree with the California Department of Toxic Substances <br /> Control ("DTSC") related to the BKK Corporation Landfill Facility ("DTSC Consent Decree"), <br /> located in West Covina, California("Facility"). Hereinafter, the BKK Working Group and the <br /> City of Rancho Palos Verdes are singularly referred to as a"Party" and collectively referred to as <br /> the "Parties." <br /> Recitals <br /> A. The BKK Working Group has notified the City of Rancho Palos Verdes that it <br /> may have legal liability based upon the disposal of waste material at the Facility under the <br /> Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601, <br /> et seq. The City of Rancho Palos Verdes denies such liability for purposes of this Agreement. <br /> B. The Parties entered into a tolling agreement("2009 Tolling Agreement") effective <br /> in 2009 that tolled any applicable statute of limitations governing claims that the BKK Working <br /> Group could assert against the City of Rancho Palos Verdes or vice versa relating to the Facility <br /> until February 2012. <br /> C. The Parties desire to continue to toll any applicable statute of limitations <br /> governing claims that the Parties could assert against each other relating to the Facility in the <br /> manner set forth below. <br /> D. This Agreement is a successor agreement to the 2009 Tolling Agreement. <br /> Terms and Conditions <br /> 1. The BKK Working Group, each of its individual members listed on Exhibit A, <br /> and the City of Rancho Palos Verdes agree that all statutes of limitations and any other statute, <br /> law, rule or principle of equity of similar effect, including provisions under the California <br /> Government Claims Act, California Gov't Code §§ 900-960.8 (collectively, "Statute of <br /> Limitations") applicable to any rights, claims, causes of action, counterclaims, crossclaims, <br /> defenses, and claims act presentation regarding, based upon, or arising out of disposal of waste <br /> material at the Facility, or the ownership or operation of the Facility which the BKK Working <br /> Group could assert against the City of Rancho Palos Verdes, or which the City of Rancho Palos <br /> Verdes could assert against the BKK Working Group as of the Effective Date ("Claims"), shall <br /> be tolled for the period between the Effective Date and the Termination Date, and this tolling <br /> period shall be excluded from all computations of any applicable period of limitations. <br /> 2. The Parties agree that they shall waive and shall not plead, assert, or otherwise <br /> raise any Statute of Limitations or any other time-related defense otherwise applicable to the <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 /> A/74 602 800.I <br />