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F. Choice of Law <br /> 1. This Agreement, in all respects, shall be governed by, and shall be construed, <br /> interpreted and enforced in accordance with the laws of the State of California, without <br /> regard to conflicts of laws. Ameresco and County each: <br /> a. Consent to the exclusive jurisdiction of the appropriate State or Federal <br /> court in the State of California, <br /> b. Agree that venue for any superior court action under this Agreement shall <br /> be proper only in the County of San Joaquin, the State of California, and <br /> waives any objection to venue, and <br /> C. Waive personal service of process upon it. <br /> G. Waiver <br /> The ability of each Party to terminate this Agreement as provided herein shall in no way affect <br /> each Party's right to proceed with litigation against the other, without exercising such right to <br /> terminate. In no event shall this Agreement be construed to limit County's rights, powers or <br /> authority under the police power and other powers of County to regulate or take any action in <br /> the interest of the health, safety and welfare of its citizens, or the County's rights and <br /> privileges as an individual or corporate resident or citizen or governmental entity of the State <br /> of California or the United States of America as provided under Applicable Laws, except as <br /> expressly waived or limited by this Agreement. <br /> H. Compliance with Applicable Waste Laws <br /> County represents and warrants that on or before the Effective Date: <br /> 1 No waste was knowingly accepted at the Landfill other than in accordance with <br /> Applicable Laws. <br /> 2 There is and has not at any time been any RCRA subtitle C permit for the Landfill or any <br /> portion thereof <br /> County warrants and covenants that during the Term: <br /> 1 No waste will be knowingly accepted for disposal at the Landfill that is not in accordance <br /> with Applicable Laws. <br /> 2 County will maintain a load check program to minimize accidental disposal of household <br /> hazardous waste. Such load check program shall be at least as effective as the load <br /> check program in affect on the Effective Date. <br /> 3 County will not apply for a RCRA subtitle C permit for the Landfill or any portion thereof. <br /> County has provided a true and accurate copy of all permits limiting the quantity of <br /> nonhazardous waste that may be accepted at the Landfill. <br /> LFG Purchase Agreement 13 <br /> Foothill Sanitary Landfill <br /> Ameresco San Joaquin LLC/San Joaquin County <br /> SW-106035-R5 <br /> r <br />