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<br />1 <br /> <br />2 <br /> <br />3 <br /> <br />4 <br /> <br />5 <br /> <br />6 <br /> <br />7 <br /> <br />8 <br /> <br />9 <br /> <br />10 <br /> <br />11 <br /> <br />12 <br /> <br />13 <br /> <br />14 <br /> <br />15 <br /> <br />16 <br /> <br />17 <br /> <br />18 <br /> <br />19 <br /> <br />20 <br /> <br />21 <br /> <br />22 <br /> <br />23 <br /> <br />24 <br /> <br />25 <br /> <br />26 <br /> <br />Agreement D02-048' <br /> <br />consequence of withdrawal. The cost allocations to the remaining members <br /> <br />will be recalculated in the following budget year. <br /> <br />VIII. NON-COMPLIANCE WITH PERMIT REQUIREMENTS <br /> <br />X. <br /> <br />XI. <br /> <br />Any PERMITTEE found in non-compliance with the conditions of the permit <br /> <br />within their jurisdictional responsibilities shall be solely liable for <br /> <br />any lawfully assessed penalties, pursuant to Section 13385 of the Water <br /> <br />Code and the Federal Clean Water Act. Common penalties shall be calculated <br /> <br />according to the formula outlined in Section IV. <br /> <br />IX. <br /> <br />LEGAL ACTION/ COSTS/ ATTORNEY FEES <br /> <br />Where any legal action is necessary to enforce any provision hereof for <br /> <br />damages by reason of an alleged breach of any provisions of this <br /> <br />AGREEMENT, the prevailing party shall be entitled to receive from the <br /> <br />losing party all litigation and collection expenses, administrative costs, <br /> <br />witness fees and court costs including reasonable attorneys fees. <br /> <br />AMENDMENTS TO THE AGREEMENT <br /> <br />This AGREEMENT may be amended by consent of a majority of the PERMITTEES <br /> <br />which represent a majority of the percentage contributions as described in <br /> <br />Section IV. The COUNTY and the DISTRICT will represent one voting <br /> <br />PERMITTEE with a percentage contribution equal to the sum of the <br /> <br />individual contributions of the COUNTY and DISTRICT as described in <br /> <br />Section IV. No amendment to this AGREEMENT shall be effective unless it is <br /> <br />in writing and signed by the duly authorized representatives of the <br /> <br />majority of PERMITTEES. <br /> <br />AUTHORIZED SIGNATORIES <br /> <br />The County Director of the Public Facilities and Resources Department and <br /> <br />the respective City Managers, shall be authorized to execute the <br /> <br />applicationls) for NPDES municipal stormwater permitls) and take all other <br />12 fN1.Q2 Final <br />