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C. If, due to circumstances reasonably beyond the control of Yakima County, all 4 <br />pods of the New Jail Facility are not open and operating by December 31, 2007, and /or <br />for the term of the Agreement, Yakima County shall remain obligated to continue to do <br />all things necessary and appropriate to fully open and operate the New Jail Facility as <br />soon as possible after December 31, 2007, and to fully operate the New Jail Facility for <br />the term of the Agreement. <br />2 Financial Responsibility of Settling Cities. <br />A. The Minimum Bed Commitment of the Settling Cities and Settling Terminating <br />Cities shall, pursuant to Section 4 of the Agreement, be reduced by the ADP attributable <br />to any city that terminates the Agreement. <br />At no time shall Settling Cities be responsible to pay for another city's alleged or <br />actual minimum bed commitment. <br />3, Release of Settling Cities' Claims and Withdrawal of Notice of Termination. <br />A Settling Cities release and forever discharge Yakima, its elected officials, officers, <br />employees and agents from the Claims they filed against Yakima County on September <br />27, 2006, and from any known claims, damages, and /or causes of action for failing to <br />open the New Jail Facility <br />B. Notwithstanding anything to the contrary, this release does not extend to <br />1 Settling Cities' rights under Paragraph 16(b) of the Agreement, as <br />amended, except as specifically released herein. <br />2. Claims by Settling Cities arising out of or resulting from Yakima's <br />promises and /or obligations contained in this Settlement Agreement <br />which are to be fulfilled in the future <br />C. The notices of termination of each of the Settling Terminating Cities are <br />withdrawn with prejudice with respect to events prior to the date of the execution of <br />this Settlement Agreement that are known to said Cities, except in the event Yakima <br />County breaches Section 1 of this Settlement Agreement, such notices shall have the <br />same effect they had on the day before the date of the execution of this Settlement <br />Agreement. <br />4. Release of Yakima County Claims <br />Yakima County releases and forever discharges the Settling Cities, their elected officials, <br />officers, employees and agents from any claims, damages and /or causes of action, <br />including but not limited to defamation, slander, false light, negligent or intentional <br />interference with business expectations, attorney's fees and cost, arising out of or <br />resulting from Cities' September 27, 2006, Claim against Yakima County <br />5 Operational Reporting: <br />As further consideration for the promises and commitments made by the Settling Cities <br />herein, Yakima County shall report the following information to the JAG <br />3 <br />