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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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• will raise no objection to the continued representation by <br /> common counsel of all or any of the other Members in <br /> connection with any legal services arising out of the Site. <br /> 16. Consultants. ' <br /> Service rendered to the Group by a consultant shall not be grounds for <br /> disqualifying the consultant in any matter relating to the Site or in any <br /> subsequent litigation, claim or action unrelated to the Site. <br /> Any consultant employed by the Group in any matter in relation to the <br /> Site cannot be employed by any individual Member in the same or <br /> other matters arising out of the Site in which any other Member is <br /> adverse, nor can such consultant be employed by a Member in the <br /> capacity of an expert witness in any other proceeding arising out of <br /> the Site, in which any other Member is adverse. However, if the <br /> Group does not agree to undertake certain response actions, any <br /> individual Member may engage a consultant previously engaged by <br /> the Group for purposes of implementing such response actions. The <br /> Members agree that each Member will not claim or assert during the <br /> term of this Agreement that any consultant employed by the Group as <br /> a whole has a conflict of interest in representing the Group as a whole <br /> on the grounds that certain Member interests are inconsistent or that <br /> the consultant has been privy to confidential information. Nothing in <br /> this Section shall preclude the Group from voting to reimburse any <br /> Member for consultant fees it has incurred on behalf of the Group. A <br /> consultant whose fees have been reimbursed in this manner shall not <br /> be precluded from continuing or resuming work on behalf of any <br /> individual Member unless the reimbursement resolution so provides. <br /> 17. Effective Date. Method of Execution <br /> The effective date of this Agreement shall be the date first stated <br /> above. This Agreement shall be executed in multiple counterparts, <br /> each of which shall be deemed an original, but all of which shall <br /> constitute one and the same Agreement. <br /> 18. Amendments. <br /> This Agreement may be amended only by a vote of at least two-thirds <br /> of the Voting Power of the members present in person or by proxy at <br /> a Group meeting called for the purpose of considering such <br /> amendment. Such amendment shall become effective thirty (30) days <br /> after written notice of the adoption of such amendment is mailed to <br /> • -14- <br />
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