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alternative to the objectionable provision or provisions of the permit or approval for presentation <br />or recommendation to the Permitting Agency. <br /> <br /> 2.1.9.3. Failing the development by the Parties ora mutually <br />agreeable alternative pursuant to Section 2.1.9.2, any Party may oppose the permit or approval <br />on the basis of the objectionable provision or provisions without being in violation of Section 4. <br /> <br /> 2.2. Disposition of Litigation. If the Board adopts an Amended Use Permit <br />that in all material respects is consistent with the draft New Use Permit, or with changes agreed <br />to by the Parties, the Parties will take the following actions set forth below: <br /> <br /> 2.2.1. WMAC will dismiss its appeal. <br /> <br /> 2.2.2. The Parties that are petitioners in the Consolidated Lawsuits will <br />file a document with the trial court indicating their satisfaction with the revised return to the writ. <br /> <br /> 2.2.3. If the Board does not adopt a permit that in all material respects is <br />consistent with Exhibit "A" attached hereto, or with changes agreed to by all Parties, the Parties <br />that are petitioners in the Consolidated Lawsuits may raise objections to the County's return to <br />the writ and oppose in any forum all approvals related to the landfill expansion. <br /> <br /> 3. Enforcement of Amended Use Permit. The Parties acknowledge and agree that <br />the County shall have primary authority for interpreting and enforcing the terms of the Amended <br />Use Permit. In addition to the County's authority to interpret and enforce the Amended Use <br />Permit, each Party shall have the contractual right to seek enforcement of the provisions of this <br />Agreement and Exhibit "A" hereto, and any provisions of Exhibit "A" hereto as such provisions <br />may be revised pursuant to Subsection 2.1.5 and incorporated into the Amended Use Permit, <br />pursuant to Section 15 of this Agreement. In addition to the rights available pursuant to this <br />Agreement, Livermore, Pleasanton, Sierra Club, NCRA, and ALARM, and each of them, shall <br />have the right to ensure through any available administrative or judicial process WMAC's <br />obligation to comply with the Amended Use Permit. <br /> <br /> 4. No Opposition for Approvals to Expand Landfill. The Parties shall not oppose in <br />any forum the Amended Use Permit and any other additional approvals necessary to expand <br />ALRRF and implement the Amended Use Permit in a manner consistent with the terms of this <br />Agreement, including, without limitation, approvals from ACWMA. This provision shall be <br />limited to the expansion of the ALRRF consistent with this Agreement and the Amended Use <br />Permit, and shall not limit the Parties from taking positions adverse to each other on any other <br />matters. In addition, each Party agrees and warrants that it shall not bring, commence, institute, <br />maintain, prosecute (or allow any person, entity or organization to bring, commence, institute, <br />maintain, or prosecute in the Party's name) any other action at law or equity, or any legal or <br />administrative proceeding whatsoever, challenging the approval of the ALRRF expansion as <br />authorized by the Amended Use Permit and this Agreement, provided that this provision shall <br />not apply to any action to enforce the terms of this Agreement. This Agreement may be pled as a <br />full and complete defense to, and may be used as a basis for injunctive relief against, any action, <br />suit or other proceeding which may be instituted, prosecuted or attempted in breach of this <br />Agreement. <br /> <br /> Final Altamonl Settlement Agreement <br /> <br /> <br />