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Cities shall,within twenty(20)days following the issuance of the Court's order or decision not to do so and thereby <br /> honor the parties' stipulation,make application to the Orange County Superior Court for an expedited hearing or trial <br /> date. The Challenging Cities and the County shall be bound by all of the requirements and restrictions set forth in <br /> Section 4.2(J) that are not in conflict with this paragraph(12). In this regard, and without limiting the foregoing,the <br /> only evidence to be presented at the hearing or trial shall be the Record,no testimony shall be presented at the hearing <br /> or trial; and both the County and the Challenging Cities waive all rights to a jury trial,to any reconsideration of the <br /> decision of the Court,to a new trial after the Court renders a decision,and to any appeal or review of the decision of <br /> the Court. <br /> SECTION 4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE,AND OTHER <br /> AMOUNTS DUE. <br /> (A) Payment by City.In the event and to the extent(1)the City uses municipal collection forces <br /> directly for the haulage of Controllable Waste to the Waste Infrastructure System or(2)the City uses non-municipal <br /> Franchise Haulers for collection but nonetheless elects to pay the Contract Rate and other amounts due from City <br /> revenues,the City,as its own Franchise Hauler,shall have direct responsibility for payment of the Contract Rate and <br /> other amounts due, and shall take all such budgetary, appropriation and other action as may be necessary to provide <br /> for the timely payment of the Contract Rate and other amounts due. Such action may include, depending upon the <br /> means authorized by the City to provide for such payment, the levy and collection of general or special taxes, the <br /> imposition of benefit assessments, or the collection of user fees, generator charges or other similar impositions for <br /> municipal solid waste disposal.The City shall use best efforts in accordance with Applicable Law to levy and impose <br /> all such taxes, assessments, fees or charges, and will take all steps, actions and proceedings for the enforcement, <br /> collection and payment of all such amounts which shall become delinquent,to the full extent permitted by Applicable <br /> Law. <br /> (B) Payment by Franchise Haulers. With respect to Controllable Waste delivered by Franchise <br /> Haulers on behalf of City other than City municipal collection forces,the obligation to pay the Contract Rate and other <br /> amounts due shall rest with such Franchise Haulers. Franchise Hauler shall pay the Contract Rate or other amounts <br /> due or any portion thereof when due.In the event of any such failure by Hauler,the County and the City shall cooperate <br /> with each other and use their best efforts to obtain timely payment from Franchise Hauler. Such efforts by the County <br /> may include, as appropriate, requiring cash payments for disposal rights from such Franchise Hauler and bringing a <br /> legal proceeding for payment and damages.Such efforts by the City may include,as appropriate,legal proceedings to <br /> suspend, revoke or terminate the Franchise Hauler's franchise, permit or license rights. <br /> (C) Disputes. If the City or the Franchise Hauler disputes any amount billed by the County in <br /> any Billing Statement,the City or the Franchise Hauler shall nonetheless pay the billed amount and shall provide the <br /> County with written objection within thirty (30) days of the receipt of such Billing Statement indicating the amount <br /> that is being disputed and providing all reasons then known to the City or the Franchise Hauler for any objection to or <br /> disagreement with such amount.If the City or the Franchise Hauler and the County are not able to resolve such dispute <br /> within thirty(30)days after the City's or the Franchise Hauler's objection, either party may pursue appropriate legal <br /> remedies. <br /> SECTION 4.4 BILLING OF THE CONTRACT RATE OR OTHER AMOUNTS DUE. The County shall <br /> continue to bill Contract Rates and other amounts due after the Commencement Date, in the same manner as it has <br /> customarily billed tipping fees. Subject to the other provisions of this Agreement,the County shall have the right to <br /> modify or amend such manner of billing on reasonable notice to affected parties. <br /> SECTION 4.5 RESTRICTED RESERVES.For purposes of this Agreement,"Restricted Reserves"means cash <br /> and other reserves of the Waste Infrastructure System which are restricted to specific uses or are otherwise being <br /> reserved by the County to meet its obligations hereunder throughout the term of the Agreement with respect to the Waste <br /> Infrastructure System pursuant to any Applicable Law, contract, adopted budget, budgetary policy of the County with <br /> respect to the Waste Infrastructure System, or other arrangement. Such cash and other reserves are not required to be <br /> deposited in separate accounts or funds in order to constitute"Restricted Reserves"hereunder,and may be commingled <br /> with Unrestricted Reserves or other funds of the County attributable to the Waste Infrastructure System. "Restricted <br /> Reserves"shall include,but not be limited to,the following: <br /> (i) reserves for closure of components of the Waste Infrastructure System to the extent <br /> required by Applicable Law; <br />