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a. The Plaintiffs refrain from opposing the issuance to the RSWA by • DEQ, or any other applicable federal, state, local or regional governmental authority, of a permit to construct and operate a CDD waste disposal cell described in Paragraph A.2, above and identified as Cell 5 on Exhibit 1 attached hereto. For purposes of this Agreement, 'opposing' means: (i) submitting to such authorities written comments (including e-mails) or oral communications in opposition to the permit; (ii) presenting oral comments at any public hearing in opposition to the permit; (iii) making statements to the press in opposition to the permit; (iv) providing documents to such authorities for the express purpose of opposition to the permit; (v) providing another person with written comments, oral comments, or press statements which are presented in opposition to the permit; and/or (vi) providing another person with documents which are used in opposition to the permit. It is explicitly understood that this § D. 11, (a), is a binding and enforceable provision of the Agreement; provided, however, this subparagraph shall • only apply to the Plaintiffs and Stuart M. Snead who are signatories to this Agreement and shall not be binding upon the successors and assigns of such signatories. Opposition to Cell 5 by Plaintiffs is not a breach of this Agreement, however, if the permit amendment application submitted by RSWA for Cell 5 differs in a material way from the terms of this Agreement, or if RSWA seeks any variance(s) from DEQ regulations in that application that would: (i) authorize Cell 5 to exceed the height limitations applicable to Cell 5 as shown on Exhibit 1; (ii) increase • the disturbed land area devoted to Cell 5 as shown on Exhibit 1; (iii) modify the stormwater management requirements in 9 VAC 20-80-260 (B) (6); (iv) modify the leachate collection system requirements in 9 VAC 20-80-260 (B) (8); (v) modify the groundwater monitoring requirements in 9 VAC 20-80-260 (B) (11) or request suspension of groundwater monitoring requirements under 9 VAC 20-80-260 (D) (1) (c), however, it is understood by the Parties, that 31