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<br />execution of this Agreement, including but not limited to all contracts between Tri-Area <br />and the Dacono Sanitation District relating to Dacono's capacity rights in and right to use <br />Tri-Area's existing sanitary sewer treatment plant and related collection system facilities. <br />No later than thirty (30) days prior to the date of the dissolution hearing, Tri-Area shall <br />obtain Dacono's written consent to St. Vrain's assumption of all Tri-Area liabilities under <br />all contracts that Tri-Area has with Dacono and shall further obtain Dacono's written <br />commitment to release and tenninate all Tri-Area obligations to Dacono effective upon <br />St. Vrain's assumption thereof. <br /> <br />4.4 Le{!al Proceedill{!s. The Parties agree that upon entry of the Order of <br />Dissolution, but prior to the effective date of the District's dissolution, 81. Vrain will <br />enter its appearance and substitute itself as a party in all legal proceedings to which <br />Tri-Area is currently a party, including but not limited to that certain Compliance Order <br />on Consent, No. MO-060000-1 dated February 12, 2006, and issued by the Colorado <br />Department of Public Health and Environment acting by and through the Water Quality <br />Control Commission that establishes compliance requirements with regard to Tri-Area's <br />wastewater treatment facility. Further, no later than ten (10) days prior to the hearing on <br />the dissolution, Tri-Area shall produce a written commitment or other statement from the <br />Water Quality Control Division saying that it agrees to and will allow St. Vrain to <br />substitute itself in place of Tri-Area and that from and after the date of the District's <br />dissolution neither Tri-Area nor any of its officers, agents or employees shall have any <br />liability under said Consent Order. <br /> <br />", St. Vrain also agrees that it shall assume and be responsible for all of Tri-Area's <br />obligations, responsibilities and liabilities under Tri-Area's discharge permit for its <br />wastewater treatment plant, Permit No. CO-0021580, effective as of the date ofTri- <br />Area's dissolution. <br /> <br />4.5 Emuloyee Riehts and Benefits. Tri-Area will not hire any permanent <br />additional staff, nor permanently increase staff salaries, prior to the effective date of <br />Dissolution withoyt the advance c{)nsent of St. Vrain. Further, it is understood and <br />agreed that Tri-Area will negotiate a severance package, contemplated to be one year's <br />annual salary, for each of its existing employees to be effective as of the effective date of .. <br />Dissolution. In exchange for whatever severance payments are negotiated or agreed to, <br />Tri-Area will obtain from each employee individual waivers and releases of claims <br />against Tri-Area for any and all claims that may arise or could have arisen out of the <br />employment relationship prior to Dissolution. Such waiver and release shall expressly <br />inure to the benefit of St. Vrain as Tn-Area's successor-in-interest. <br /> <br />In lieu of the afore-mentioned severance package, but only with the prior written <br />consent ofSt. Vrain, effective as of the Dissolution, all existing Tn-Area employees will <br />be transferred to the employment of 81. Vrain and shall remain so employed for a period <br />not less than ninety (90) calendar days to assist in the transition. Thereafter, all such <br /> <br />7 <br />