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I. On or about September 24, 2021, the City filed a notice of cross appeal of the superior court's decision ("Cross -Appeal") in the Court of Appeal. J. As of the Effective Date, OC Recycling Parties have not implemented the 2019 WQMP. K. OC Recycling Parties have also submitted a revised WQMP ("Revised WQMP"). On February 16, 2022, the City provided comments on the Revised WQMP. OC Recycling Parties have not addressed City comments on the Revised WQMP. OC Recycling Parties intend to obtain approval of the Revised WQMP within the timeframes set forth in this Agreement to replace the 2019 WQMP. L. The Parties desire to enter into this Settlement Agreement to set forth the terms on which the Appeal and Cross -Appeal will be dismissed, making the Judgment final, and their mutual agreement regarding the timing and manner in which OC Recycling Parties will comply with the Judgment. NOW THEREFORE, in consideration of the promises and covenants contained herein, the receipt and sufficiency of which are acknowledged, the Parties agree as follows: 1. W MP OC Recycling Parties agree to implement the 2019 WQMP or address City comments on the Revised WQMP, obtain approval of the Revised WQMP, and implement the approved Revised WQMP in accordance with the Tasks, Milestones, and Schedule in Table 1. If OC Recycling obtains approval of the Revised WQMP by the deadline in Task No. 1.c, subject to any delays authorized by Paragraph 2.2, OC Recycling agrees to implement the approved Revised WQMP as the "Approved WQMP" in accordance with the remaining Tasks, Milestones, and Schedule in Table 1. If OC Recycling fails to obtain approval of the Revised WQMP by the deadline established in Task No. Lc in Table 1, subject to any delays authorized by Paragraph 2.2, OC Recycling agrees to implement the 2019 WQMP as the "ApprovedWQMP" in accordance with the remaining Tasks, Milestones, and Schedule in Table 1. OC Recycling Parties also recognize they must submit the following plans (the "Submissions") and obtain the following permits from the City before beginning constriction to implement either the Approved WQMP (the "City Approvals"): Submissions City Approvals Street Improvement Plan Encroachment Permit Grading / Surface Drainage Plan Grading Permit Electric Permit Application Electric Permit