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Recommendation and this Agreement into the ROD, as appropriate to <br />effectuate the material terms of the Parties' Recommendation. If during the <br />course of the NEPA Process any new information becomes available which <br />causes any Party, in its sole and absolute discretion, to reassess any provision <br />of the Parties' Recommendation and this Agreement, that Party shall <br />immediately notify all other Parties in writing. The Parties shall jointly <br />consult and, iI they agree to any modification of the Parties' Recommendation <br />or this Agreement, shall consult with the Secretary to advise him/her of such <br />modification and request the adoption thereof in the ROD. <br />B. If after such consultations it is apparent there is an irreconcilable conflict <br />between the Parties as to such modification, then any Party may upon written <br />notice to the other Parties withdraw from this Agreement, and in such event <br />this Agreement shall no longer be effective ar binding upon such withdrawing <br />Party. Alf withdrawing Parties hereby reserve all rights upon withdrawal from <br />this Agreement to take such actions, including support of or challenges to the <br />ROD, as they in their sole and absolute discretion deem necessary or <br />appropriate. In the event of the withdrawal of any one or more Parties from <br />this Agreement, this Agreement shall continue in full force and effect as to the <br />remaining Parties. The remaining Parties may consult to determine whether to <br />continue this Agreement in effect, to amend this Agreement, or to terminate <br />this Agreement, In the event of terrninatian, all Parties shall be relieved from <br />the terms hereof, except as provided in Paragraph 10, and this Agreement <br />shall be of no further farce or effect. <br />4. ROD Consistent with the Parties' Recommendation and this A reement. In <br />the event the Secretary adopts a ROD in substantial conformance with the Parties' <br />Recommendation and this Agreement, the Parties shall take all necessary actions to <br />implement the terms of the ROD, including the approval and execution of agreements <br />necessary for such implementation. <br />5. ROD Inconsistent with the Parties' Recommendation and this Agreement. In <br />the event the Secretary adopts a ROD that any Party, in its sole and absolute discretion, <br />determines is not in substantial conformance with the Parties' Recommendation and this <br />Agreement, such Party shall immediately notify all other Parties of such determination in <br />writing. The Parties shall jointly consult, and consult with the Secretary as necessary, in <br />order to determine whether the ROD is in substantial conformance with the Parties' <br />Recommendation and this Agreement, or whether any action, including the amendment <br />of this Agreement, may resolve such concern.. If after such consultation it is apparent <br />there is an irreconcilable conflict between the ROD and the concerns of such Party, then <br />such Party may upon written notice to the other Parties withdraw from this Agreement, <br />and in such event this Agreement shall no longer be effective or binding upon such <br />withdrawing Party. All withdrawing Parties hereby reserve all rights upon withdrawal <br />from this Agreement to take such actions, including support of or challenges to the ROD, <br />as they in their sole and absolute discretion deem necessary or appropriate. In the event <br />of the withdrawal of any one or more Parties from this Agreement, this Agreement shall <br />7 <br />