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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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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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any assessment of which is had written notice more than forty <br /> five (45) days prior to the date of withdrawal, provided, <br /> however, that a Member upon execution of this Agreement may <br /> notify the Group in writing of a maximum Participation Amount. <br /> If any assessment results in the total of all assessments to such <br /> Member exceeding that Member's Participation Amount, such <br /> Member shall be deemed to have withdrawn from participation <br /> in this Agreement on the date of such assessment unless the <br /> Member confirms, in writing and within forty five (45) days <br /> after notice of such assessment and each subsequent <br /> assessment, that the Member wishes to remain a Member and <br /> continue to participate in this Agreement. After the initial <br /> designation of a Participation Amount, a Member may at any <br /> time raise the level of its Participation Amount by written notice <br /> to the Group. <br /> Any member which withdraws from participation in this <br /> Agreement shall be subject to the terms and conditions <br /> applicable to withdrawing or removed members, including, but <br /> not limited to, Sections 8 and 13 hereof. Any Member entering <br /> into any settlement with the United States or the State of <br /> Minnesota not approved by the Group relating to the Site shall <br /> be deemed to have withdrawn from participation in this <br /> • Agreement effective upon date of settlement. Any member <br /> that so withdraws may re-enter as a new Member pursuant to <br /> Paragraph 7, upon payment of prior unpaid assessments, with <br /> full credit for previous contributions. <br /> 6.2 The Group will take no action for damages against a Member <br /> that withdraws because that Member withdraws as set out <br /> herein. A withdrawn Member may enter into another group <br /> with purposes similar to this Group. After withdrawing as set <br /> out above, a Member will have no obligation or liability for costs <br /> associated with or arising from the Site other than what it <br /> would have had if it had not ever been a Member. <br /> 6.3 Removal of a Member. If any Member's interests or actions are <br /> reasonably alleged to be contrary to the interests of the other <br /> Members, such Member may be removed from this Agreement <br /> by a vote of three-fourths of the Voting Power of the Group <br /> present in person or by proxy at a Group meeting called for the <br /> purpose of considering such removal. If any Member fails to <br /> pay any portion of any assessed financial contribution pursuant <br /> to this Agreement within sixty (60) days following receipt of <br />
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