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V <br />Dec 14 2004 4:50PM JOAQUIN CO. COUNSEL <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />(2 9) 468-2980 p.3 <br />4 <br />the expense and delay associated with an administrative hearing; <br />Now, therefore, the Department and RadioShack have entered into this Stipulation under <br />the following terms and conditions: <br />1. The Parties shall meet to attempt to negotiate a resolution of all issues regarding <br />the former World Enterprises landfill. The Parties shall negotiate in a good faith effort to reach <br />agreement regarding a reasonable and appropriate investigation and remediation plan which <br />addresses landfill gas at the site. <br />2. All proceedings regarding RadioShack's appeal of the Order No. 04-01 and the <br />Letter shall be stayed until February 28, 2005, while the Parties are engaged in negotiations. <br />Either Party may terminate negotiations at any time by providing the other Party with written <br />notice of its intent to terminate negotiations. <br />3. In the event that the Parties are not able to reach agreement regarding the <br />investigation and remediation of the World Enterprises landfill by February 28, 2005, the <br />Department shall schedule an administrative hearing in accordance with Public Resources Code <br />section 44310 to consider RadioShack's appeal within thirty (30) days of receipt of written notice <br />by either Party tem-dnating negotiations. <br />4. All terms and obligations imposed by either Order No. 04-01 or the Letter are <br />stayed until a decision has been rendered by the San Joaquin County Solid Waste Independent <br />Hearing Panel or the Parties have reached an agreement regarding the investigation and <br />remediation of the World Enterprises landfill. <br />5. All statutes of limitation set forth in Public Resources Code, Division -30, <br />e <br />sections 40001-49620 shall be tolled while the Parties are engaged in negodations. Such tolling <br />period shall terminate fifteen (15) days after either Party provides the other Party with written <br />notice of intent to terminate the negotiations. <br />l SM174077.1 <br />9 <br />