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• <br /> TOLLING AGREEMENT <br /> This Tolling Agreement ("Agreement") is made and entered into by and between the <br /> BKK Working Group and City of Rancho Palos Verdes. The BKK Working Group is an <br /> unincorporated association of twenty-seven entities, identified in Exhibit A, who in March 2006 <br /> entered into a Consent Decree with the California Department of Toxic Substances Control <br /> ("DTSC") related to the BKK Corporation Landfill Facility ("DTSC Consent Decree"), located <br /> in West Covina, California("Facility"). Hereinafter, the BKK Working Group, and City of <br /> Rancho Palos Verdes are singularly referred to as a"Party" and collectively referred to as the <br /> "Parties." <br /> Recitals <br /> A. The BKK Working Group has notified City of Rancho Palos Verdes that it may <br /> 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. City of Rancho Palos Verdes denies such liability for purposes of this Agreement. <br /> B. The Parties desire to toll any applicable statute of limitations governing claims <br /> that the Parties could assert against each other relating to the Facility in the manner set forth <br /> below. <br /> Terms and Conditions <br /> 1. The BKK Working Group and each of its individual members listed on Exhibit A, <br /> • and City of Rancho Palos Verdes agree that all statutes of limitations and any other statute, law, <br /> rule or principle of equity of similar effect, including provisions under the California <br /> Government Claims At, 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 City of Rancho Palos Verdes, or which City of Rancho Palos Verdes <br /> could assert against the BKK Working Group as of the Effective Date ("Claims") shall be tolled <br /> for the period between the Effective Date and the Termination Date, and this tollingperiod shall <br /> 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 City of Rancho Palos Verdes agree not to initiate <br /> litigation concerning the investigation,remediation, or the recovery of costs relating to the <br /> Facility against the other Party between the Effective Date and the Termination Date. However, <br /> this provision shall not preclude any Party from seeking information pursuant to the California <br /> Public Records Act("PRA"), California Gov't Code §§ 6250-6276.48 from another Party or a <br /> third Party relating to waste disposed at or liability associated with the Facility or from enforcingg <br /> information to such under the PRA. <br /> A/72770204.4/3001863-0000308648 <br />