4094

LAWS OF MARYLAND

Ch. 767

(II) [unless] IF the county [governing
body] directing the modification [shall provide for
reimbursing the commission] REIMBURSES THE WSSC for [such]
substantial net additional costs or expenses.

[(3)] (F) (1) [In the event that a county
governing body in its approval or amendment of the
commission's six-year] IN APPROVING OR AMENDING THE WSSC'S
capital improvements program [shall approve the undertaking
of any] IF EITHER COUNTY APPROVES A [capital] MAJOR project
for which [there is a lack of, or an insufficiency of] funds
from the anticipated [funding] sources OF FUNDING shown by
the [commission] WSSC ARE INSUFFICIENT, [then] the
[commission shall] WSSC IS not [be] obligated to undertake
[such] THE MAJOR project [in the absence of action by]
UNLESS the respective county [governing body to provide the]
PROVIDES additional sources of capital TO FUND THE PROJECT.

(2)   [In the event that as a direct result of the
county governing body's change in an earlier approval,] IF
the [commission] WSSC becomes legally liable to third
parties AS A DIRECT RESULT OF THE MODIFICATION OF A PREVIOUS
APPROVAL OF A MAJOR PROJECT BY MONTGOMERY COUNTY OR PRINCE
GEORGE'S COUNTY, the county DIRECTING THE CHANGE [governing
body shall be] IS responsible for any [such] liability THAT
RESULTS FROM THE CHANGE[, and the settlement or release of
claims for such liabilities, if any, shall be accomplished
by the].

(3)   [county governing body upon such basis as it
may negotiate] THE MONTGOMERY COUNTY EXECUTIVE OR COUNTY
COUNCIL OR THE PRINCE GEORGE'S COUNTY EXECUTIVE SHALL SETTLE
OR RELEASE A CLAIM FOR LIABILITY:

(I)  BY NEGOTIATING with the claimant; or

(II)   [by its payment of] BY PAYING any
final judgment of any court award[, and it shall have a
right to].

(4)  THE MONTGOMERY COUNTY EXECUTIVE OR COUNTY
COUNCIL AND THE PRINCE GEORGE'S COUNTY EXECUTIVE MAY:

(I)   [intervene] INTERVENE in any [such]
court [proceedings prior to] PROCEEDING BEFORE judgment; and

(II)   [to interpose] INTERPOSE any and all
defenses available to [it] THE COUNTY or the [commission]
WSSC[; and provided further, that the county governing body
shall be responsible for reimbursing the commission for any
expenditures made to third parties for services or property
directly attributable to the commission's implementation of
any project which is modified or vetoed and made obsolete or
unnecessary by any such change].