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1 2 3 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ft 6 the expense and delay associated with an administrative hearing; Now, therefore, the Department and RadioShack have entered into this Stipulation under the following terms and conditions: 1. The Parties shall meet to attempt to negotiate a resolution of all issues regarding the former World Enterprises landfill. The Parties shall negotiate in a good faith effort to reach agreement regarding a reasonable and appropriate investigation and remediation plan which addresses landfill gas at the site. 2. All proceedings regarding RadioShack's appeal of the Order No. 04-01 and the Letter shall be stayed until February 28, 2005, while the Parties are engaged in negotiations. Either Parry may terminate negotiations at any time by providing the other Party with written notice of its intent to terminate negotiations. 3. In the event that the Parties are not able to reach agreement regarding the investigation and remediation of the World Enterprises landfill by February 28, 2005, the Department shall schedule an administrative hearing in accordance with Public Resources Code section 44310 to consider RadioShack's appeal within thirty (3 0) days of receipt of written notice by either Party terminating negotiations. 4. All terms and obligations imposed by either Order No. 04-01 or the Letter are stayed until a decision has been rendered by the San Joaquin County Solid Waste Independent Hearing Panel or the Parties have reached an agreement regarding the investigation and remediation of the World Enterprises landfill. 5. All statutes of limitation set forth in Public Resources Code, Division30, sections 40001-49620 shall be tolled while the Parties are engaged in negotiations. Such tolling period shall terminate fifteen (15) days after either Party provides the other Party with written notice of intent to terminate the negotiations. I-SF/7174077.1 2