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EnvironmentalHealth
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EHD Program Facility Records by Street Name
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LINCOLN
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1444
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2900 - Site Mitigation Program
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PR0527031
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SITE HISTORY
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Last modified
2/28/2020 9:52:02 AM
Creation date
2/28/2020 8:33:51 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2900 - Site Mitigation Program
File Section
SITE HISTORY
RECORD_ID
PR0527031
PE
2957
FACILITY_ID
FA0018318
FACILITY_NAME
FORMER COLUMBO / TOSCANA BAKERY
STREET_NUMBER
1444
Direction
S
STREET_NAME
LINCOLN
STREET_TYPE
ST
City
STOCKTON
Zip
95206
APN
16503005
CURRENT_STATUS
01
SITE_LOCATION
1444 S LINCOLN ST
P_LOCATION
99
P_DISTRICT
001
QC Status
Approved
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SJGOV\sballwahn
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EHD - Public
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3. Sertlement <br /> If a Claims Resolution Committee is formed, the Disbursing Agent may not(i) settle any Disputed Claim or any Estate <br /> Claim in an amount of$500,000 or more or(ii) with respect to Disputed Claims,enter into settlements aggregating <br /> $2,500,000 or more,unless the settlement has been approved by either(a)each member of the Claims Resolution Committee, <br /> or(b)the Bankruptcy Court. The Disbursing Agent must give written notice to the Claims Resolution Committee of the terms <br /> of any settlement over$100,000 but less than$500,000,within two Business Days after the Disbursing Agent has agreed to <br /> the terms thereof. <br /> 4. Other Provisions <br /> The Disbursing Agent and the Claims Resolution Committee may agree to any other appropriate procedures to facilitate <br /> the timely and•-sonable resolution of Disputed Claims and Estate Claims after the Effective Date. <br /> 5. Disputed Claims and Estate Claims <br /> The Disbursing Agent shall consult with the Claims Resolution Committee with respect to pursuing Disputed Claims and <br /> Estate Claims. In the event of a dispute as to whether a Claim should be pursued, the Claims Resolution Committee shall seek <br /> authority of the Bankruptcy Court to pursue such Claim. <br /> ARTICLE VII. <br /> TREATMENT OF EXECUTORY CONTRACTS <br /> AND UNEXPIRED LEASES <br /> A. Assumed Contracts and Leases <br /> The Debtors shall reject all of their executory contracts and unexpired leases in effect on the Confirmation Date except <br /> the contracts and leases listed on Exhibit C hereto,all of which shall be assumed under this Plan. <br /> B. Payments Related to Assumption of Contracts and Leases <br /> Any monetary amounts by which any executory contract and unexpired lease to be assumed under the Plan is in default <br /> shall be satisfied,under section 365(b)(1)of the Bankruptcy Code,at the option of the Debtor party to the contract or lease or <br /> its assignee,by Cure. If there is a dispute regarding (i) the nature or amount of any Cure,(ii)the ability of any Reorganized <br /> Debtor nor any assignee)to provide "adequate assurance of future performance" (within the meaning of section 365 of the <br /> Bankruptcy Code)under the contract or lease to be assumed,or(iii)any other matter pertaining to assumption,Cure shall <br /> occur following the entry of a Final Order resolving the dispute and approving the assumption or assumption and assignment, <br /> as the case may be. <br /> C. Bar to Rejection Damages <br /> The Debtors will request that the Confirmation Order establish the 45'day after the date of entry of the Confirmation <br /> Order as the deadline for filing any Claim arising from the rejection of an executory contract or unexpired lease under this <br /> Plan. Any Claim not filed by the deadline set by the Court shall be deemed waived and forever barred. <br /> D. Compensation and Benefit Programs <br /> Any Claims under an existing benefits program for,or agreement with,any employees of the Debtors,if any,that have <br /> not been paid in full as of the Effective Date shall be treated as Administrative Claims under this Plan. <br /> ARTICLE VIII. <br /> ACCEPTANCE OR REJECTION OF THE PLAN <br /> PLAN-22 <br />
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