Agmt 2000 City of Oakland Port Commissioners (2)

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TDC:aaa 11/21180 session with the City Committee at that meeting, complies with the Brown Act and any applicable Port or City of Oakland regulations. The City shall be responsible for ensuring that the City Committee's attendance and participation at the meeting complies with the Brown Act and any applicable City regulations. Each of the City and Port may provide agenda items to be placed on the agenda for the Aviation Committee work session meeting so long as such requests are made in writing and submitted to the other party no later than 15 days prior to the meeting. The Port and the City shall cooperate in scheduling the Aviation Committee work session meetings. A scheduled meeting shall not be postponed or cancelled by the Port or the City without reasonable cause and reasonable advance notice and discussion. 12. Settlement With Other Parties. If, in the course of settling pending litigation in Alameda County Case Nos. 793056 -0, 793028 -7, 793033-9 or 793046 -3 with any other party, the Port agrees to a change in flight pattems or practices that will result in greater future noise impacts on the City's residences than would exist without the change, the City may terminate this Agreement. Upon such termination all parties shall be released of their future obligations under this Agreement. The Port shall provide to the City the terms of any settlement with another party, and the City shall have 30 days thereafter to notify the Port in writing whether the City terminates the Agreement. If the City submits a notice of termination to the Port the notice shall specify in detail the basis on which the City asserts its right to terminate. The Port reserves the right to dispute the validity of any exercise by City of its right to terminate under this Section. 13. Effective Date of Parties' Obligations. Except for the Safety Summit and the emergency response program report that are provided for in Sections 7(b) and 7(c), the other Port obligations under this Agreement will not become effective unless and until the Port has received FM approval for the ADP, and all litigation challenging the Port's and FM's approval of the ADP is finally settled by negotiated City of San Leandro and Port of Oakland Page 26 Settlement Agreement 29848