CC RES 96-060 RESOLUTION APPROVING A GROUP AGREEMENT RELATIVE TO THE SCHNITZER IRON AND METAL MERLA SITE

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r r • SCHNITZER IRON AND METAL MERLA SITE GROUP AGREEMENT This Agreement is made as of January 26, 1996, between and among the parties whose authorized representatives have executed this Agreement 1"Members") so as to establish a cooperative working group with respect to the Schnitzer Iron and Metal Minnesota Environmental Response and Liability Act ("MERLA") Site (the "Site") located in Minneapolis and St. Paul, Minnesota. WHEREAS, without admitting any fact, responsibility, fault or liability in connection with the Site, the Members wish to (1) devote their resources efficiently to respond to any claims for investigation, response and/or remediation that may be asserted by duly authorized agencies and/or courts of the State of Minnesota or the United States with jurisdiction in connection with environmental conditions at the Site; (2) allocate among themselves common legal, technical, administrative and other costs incurred in connection with this matter; (3) encourage participation of non-participating parties; and (4) preserve and protect the confidentiality of documents, information and work product received by and developed by the Members. NOW THEREFORE, in consideration of the foregoing, the Members mutually • agree as follows: 1. The Schnitzer Site Group, The Members hereby organize and constitute themselves as the Schnitzer Site Group which may be referred to herein as the "Group". Each party whose authorized representative has executed this Agreement is a Member of the Group. 2. Purpose• 2.1 Activities. It is the purpose of this Agreement that the terms hereof shall control the manner and means by which the Members will: (a) retain common counsel to represent the interests of the Group. (b) retain technical consultants to provide technical support for the Group's efforts;