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If to Waste Management R3ch Thompson and Dave McDonald <br /> of Alameda County, Waste Management of Alameda County, Inc. <br /> Inc., to: 172 98th Avenue <br /> Oakland, California 94603 <br /> Facsimile: (510) 613-2839 <br /> <br /> Copy to: Doug Sobey, Senior Vice-Presidem <br /> Waste Management--Western Area <br /> 155 North Redwood Drive, Suite 250 <br /> San Rafael, California 94903 <br /> Facsimile: (415)479-3737 <br /> <br /> Copy to: Michael H. Zischke <br /> Landels Ripley & Diamond, LLP <br /> 350 The Embarcadero, 6th Floor <br /> San Francisco, California 94105-1250 <br /> Facsimile: (415) 512-8750 <br /> <br /> Any Party hereto may at any time, by giving ten (10) days written advance notice to the other <br /> Parties hereto, designate a new address and/or facsimile number for notices and communications <br /> pursuant to this Agreement. <br /> <br /> 11. Applicable Law. This Agreement shall be construed and enforced pursuant to the <br /> laws of the State of California. <br /> <br /> 12. Attorneys' Fees and Costs. <br /> <br /> 12.1. In any action or proceeding at law or in equity between any of the Parties <br /> to enforce or interpret any provision of this Agreement, each Party shall bear all of its own costs, <br /> including attorneys and experts fees. <br /> <br /> 12.2. Notwithstanding subsection 12.1 above, payment of petitioners' attorneys <br /> fees and costa in connection with the 1996 Permit, Sierra Club Lawsuit, Livermore Lawsuit, <br /> Pleasanton Lawsuit, Consolidated Lawsuits, court of appeal proceedings (the "Litigation <br /> Activities"), settlement activities related to the foregoing, and approvals related to landfill <br /> expansion, including without limitation the Amended Use Permit and CoIWMP amendments <br /> (collectively, the "Settlement Activities"), shall be governed by section 13 of this Agreement. <br /> <br /> 13. Attoraeys' Fees and Costs Related to Litigation Activities and Settlement <br /> Activities. <br /> <br /> 13.1. WMAC shall pay to the Cities their attorneys fees and costs in connection <br /> with the Litigation Activities and Settlement Activities incurred by the Cities, from the last week <br /> of October 1996 through September 30, 1999, in the amount of $251,796, which represents the <br />I actual fees and costs billed by the Cities' attorneys to the Cities through September 30, 1999. <br /> WMAC shall pay seventy-five percent (75%) of this amount following execution of the <br /> settlement agreement, in accordance with the procedures set forth in subsection 13.3 below, and <br /> <br /> 20 <br />I Final Altarnont Settlement Agreement <br /> <br /> <br />