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its Representatives damage RCI Entities' property outside the Landfill Pad Easement <br /> Area, the City shall repair such damage to the reasonable satisfaction of the RCI <br /> Entities,and leave the RCI Entities'property in substantially the same condition it was <br /> found prior to commencement of the damage,at the City's sole cost. The RCI Entities <br /> retain all additional remedies or causes of action for activities of the City or City <br /> Representatives taken in violation of this Agreement,as amended. <br /> E. The RCI Entities'Use of Landfill Pad.The Landfill Pad LFG Easement shall be non-exclusive, <br /> and the RCI Entities shall retain all rights in the Landfill Pad Easement Area not inconsistent <br /> with the performance of the RCI Entities' obligations hereunder or the rights granted to City <br /> under the Landfill Pad LFG Easement,including but not limited to development of the Landfill <br /> Pad in accordance with the approved master site plan for the Landfill Pad property. The RCI <br /> Entities may use the Landfill Pad Easement Area for any lawful purpose permitted under <br /> applicable law; provided, however, that except as authorized under this Section 2 or as <br /> approved in any permit issued in connection with the Project,the RCI Entities shall not engage <br /> in any excavation, tunneling, digging construction, alteration or other development of the <br /> Landfill Pad Easement Area that could (a) interfere with, disturb or damage the LFG System <br /> in any way, (b)unearth, puncture, obstruct or interfere with the efficient use and operation of <br /> the LFG System, (c) endanger the lateral support to the LFG System or (d) otherwise <br /> unreasonably hinder or interfere with the City's use, operation, maintenance or repair of the <br /> LFG System, without the prior written consent of the City, which consent shall not be <br /> unreasonably withheld or delayed. The RCI Entities shall submit plans and specifications of <br /> any such proposed excavation, tunneling, digging, construction, alteration or other <br /> development located within the Landfill Pad Easement Area in sufficient detail to permit the <br /> City to determine whether such proposed excavation, tunneling, digging, construction, <br /> alteration or other development would interfere with,disturb or damage the LFG System or in <br /> any way or otherwise hinder or interfere with the City's rights under the Original Agreement <br /> as amended. The RCI Entities may fulfill their obligation to consult with and obtain the <br /> approval of the City under this section by the submittal and approval of permit applications to <br /> the City. Any approval by the City pursuant to this Subsection E shall be strictly limited to the <br /> facilities and/or excavation shown on the plans and specifications submitted by the RCI Entities <br /> and shall in no event constitute or be construed as a certification of the accuracy, sufficiency <br /> or engineering adequacy of said plans and specifications. Any dispute under this Subsection, <br /> including disputes concerning the City's failure to provide consent, shall be subject to the <br /> dispute resolution process set forth in Sections 7.6 and 7.7 of the Environmental Agreement. <br /> F. Coordination of Activities. Except for work performed by jointly-hired O&M Contractors and <br /> except for work that does not require traffic restrictions or excavation, the City shall give at <br /> least fifteen(15)days' advance written notice of the proposed dates of Easement Activities in <br /> the Landfill Pad Easement Area to the RCI Entities at the address in Section 16 of the Original <br /> Agreement (as amended), or at such address or office as the RCI Entities may from time to <br /> time designate. The City shall cooperate in the revision of such dates and/or the coordination <br /> of their and their Representatives'activities with those of the RCI Entities if deemed necessary <br /> by the RCI Entities to minimize conflicts, ensure protection to each Party's facilities, prevent <br /> hazardous conditions, or minimize interruption of the use the of Landfill Pad by the RCI <br /> Entities. Provided, however, that in the event of an emergency requiring immediate action by <br /> the City for the protection of the LFG System or other persons or property,the City may take <br /> such action upon notice to the RCI Entities as is reasonable under the circumstances. <br /> G. Refuse, Waste and Hazardous Substances. . <br /> Page 6 of 16 <br />