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CC RES 96-060 RESOLUTION APPROVING A GROUP AGREEMENT RELATIVE TO THE SCHNITZER IRON AND METAL MERLA SITE
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CC RES 96-060 RESOLUTION APPROVING A GROUP AGREEMENT RELATIVE TO THE SCHNITZER IRON AND METAL MERLA SITE
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26
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RES 1996
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CC RES 96-060 RESOLUTION APPROVING A GROUP AGREEMENT RELATIVE TO THE SCHNITZER IRON AND METAL MERLA SITE
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• The terms of this Section shall survive the termination of the <br /> Agreement and the withdrawal or removal of any Member. <br /> 14. Claims Against Others. <br /> 14.1 Agreement Not To Assert Certain Claims Each Member hereby <br /> agrees not to assert against any other Member any Claim <br /> (whether denominated a cross-claim, third party claim or <br /> otherwise) relating to any and all liability arising out of or <br /> connected to the Site or litigation or negotiations concerning <br /> the Site for the period during which the entity bringing such <br /> Claim is a Member. Further, each Member agrees that the <br /> Statute of Limitations and the Statute of Repose as to any such <br /> Claim are tolled for the period during which the entity bringing <br /> such a Claim is a Member. Any Member who has withdrawn or <br /> is removed from this Agreement is no longer subject to this <br /> moratorium on claims and the tolling of the Statute of <br /> Limitations or Statute of Repose. <br /> (a) Notwithstanding the provisions of this Section, any <br /> Member may assert in a court of law or in such other <br /> forum as it sees fit any claim, lawsuit or cause of action, <br /> whether contingent or matured, which it may have <br /> against another Member who 1) dissolves, publishes a <br /> notice of dissolution, or files articles of dissolution with <br /> the appropriate governmental entity, or 2) files or has <br /> filed against it a petition in bankruptcy or similar <br /> proceeding. Any such assertion of claims shall not affect <br /> the agreements in this Section among the other <br /> Members. <br /> (b) Notwithstanding the provisions of this Section, any <br /> Member may assert against any other Member any <br /> contingent or matured claim arising out of a contractual <br /> relationship pertaining to any materials present at the Site <br /> at any time, the presence of which creates for either <br /> Member the status of responsible party with respect to <br /> the Site. <br /> 14.2 lights Against Third Parties. Nothing contained in this <br /> Agreement shall affect any right, claim, interest or cause of <br /> action relating to the Site of any Member hereto with respect to <br /> persons not Members, including without limitation, claims for <br /> contribution and indemnity against persons not Members. Also, <br /> • -12- <br />
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