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• nothing contained herein shall prevent any Member from <br /> asserting a claim or defense against the State of Minnesota or <br /> the United States. Further, any Member who asserts a claim <br /> relating to the Site against a non-Member agrees to notify the <br /> other Members of the Group of its action. The Steering <br /> Committee may assert claims against third parties on behalf of <br /> the Group or its Members, but only after giving notice to the <br /> members and giving the Members opportunity to opt out of <br /> such assertion of claims. Opting out of such assertion shall not <br /> be considered withdrawal from the Group. <br /> 15. Waiver of Conflict of Interest <br /> 15.1 Legal Counsel. If the Group selects and retains legal counsel to <br /> perform legal representation services that are of common <br /> benefit to the Group, each Member agrees (1) that it will not <br /> claim or assert that, based solely on counsel's past or present <br /> representation of a Member, said counsel has a conflict of <br /> interest in performing legal services authorized by the Group <br /> and arising out of the Site unless the Member notifies the <br /> Steering Committee of the conflict within twenty (20) days of <br /> receiving notice of intent to hire legal counsel; (2) that it will <br /> not claim or assert that, based solely on said counsel's <br /> • representation of the Group under the terms of this Agreement, <br /> said counsel has a conflict of interest in connection with any <br /> representation of any other person or entity in a matter pending <br /> as of the date hereof unless the Member notifies the Steering <br /> Committee of the conflict within twenty (20) days of receiving <br /> notice of intent to hire legal counsel; (3) that it will not claim or <br /> assert that, based solely on said counsel's representation of the <br /> Group under the terms of this Agreement, said counsel has a <br /> conflict of interest in any future representation of any person or <br /> entity unless the subject matter relating to said representation <br /> arises out of or is connected to the Site or involves or could <br /> involve any facts or information regarding the site obtained <br /> from the Member during the term of this Agreement; (4) that if <br /> any conflict develops in the performance of work authorized by <br /> the Group and the Member, it will give notice to the Group and <br /> will raise no objection to the continued representation of the <br /> Group by common counsel provided that common counsel <br /> notifies affected parties that it is not representing the particular <br /> member with regard to the matter in issue, and (5) that if a <br /> Member withdraws or is removed from this Agreement or its <br /> representation by common counsel is in any way terminated, it <br /> • -13- <br />