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� , . . <br /> � <br /> , <br /> . ' • . <br /> , � <br /> . 7.4 ec�verv fr�m Thir1 raries. No Party to this Agreemcnt waives or <br /> relinquishes any rights, claims or causes of action which it may have against any third party, <br /> person or entity who is not a Party to this Agreement for damages, cost recovery, <br /> contribution or other measure of damages, in law or in equity, at common law, under statute <br /> or otherwise in connection with the Carveout Area and the Ci Pro e and contamination <br /> tY P rtY <br /> of the same. <br /> ARTICLE & FL�tAL .�OCATION OF COSTS <br /> 8.1 Sco�e. The purpose of this Article is to set forth the framework for <br /> determ;nin�the final and binding allocation of certain costs relative to the City Property and <br /> Carveout Area. Specifically, the cos`s that will be subject to the Final Allocation Procedure <br /> set out in this Article 8 are linited to City Property Shared Casts, Caiveout Area Shared <br /> Costs, City Property Past Costs and Carveout Area Past Costs. Notwithstanding, the Parties <br /> may by unani.mous a,re�ment, in writi.ng, expand the scope of the Final Allocation <br /> Procedure to include any and all additional casts or liabilities the Parties de�m appropriate. <br /> 8.2 Selectian and Retention oi Allocation Counsel. <br /> a. The Parties shall retain an Allocation Counsel to deve:op a Final <br /> Allocation of City Property Shared Costs ��d City Property Past Costs, and a Final <br /> Allocation of Carveout Area Shared Costs and Carveout Area Past Costs. The two (2) <br /> allocation dec.sions shall be made by the Allocation Counsel in accordance with the <br /> procedure and schedule set forth in Attaci-iment B of this A�eement. Each Party shall <br /> submit for consideration potential candidates for the position of Allocation Caunsel. Once <br /> 1 <br /> 6 II <br />