R95-43 AUTHORIZING SITE PARTICIPATION AGREEMENT

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' ,, , � �` , - the Parties have reviewed the names of each potential candidate, each Party shall disclose all rior re resentations ot such Partv bv the otential candid d' ' P P � , F ates and the can idate s law firms. Further, each candidate for the position of Allocation Counsel shall conduct a conflict check for each Pa and disclose to the Parties whether a conflict exists. The rtY� Allocation Counsel shall be �an attorney with experience in matters involving the Comprehensive Environmentai Response,Compensation and Liability Act("CERCLA")and shall be selected by a unanimous decision of the Parties. Upon selection of the Allacarion Counsel, the Parties shall consult with the Allocation Counsel to jointly develop a scope of work and budget or schedule of fees and expeases. b. Until issuance of the final allecation decisions, the fees and expenses of the Allocation Counsel shall be borne bv the Parties in accordanc� with the Interi.m Allocation Perc�ntages set out in Sec�on 7.2 of this Agreemen� After issuanc� of the final allocation decisions, the fe�s and e�enses of the Allocation Counsel shali be re-allocated, with the appropriate adjustments (credits and changes), in ac�ordance with the final allocation decisions. The Allocation Counsel may use the services of other members and staff of his firm but may not, without t�e unanimous consent of the Parties, retain outside consultants. The Allocatian Counsel will retain a separate record of the fees and expenses incurred for the Carveout Area and for the City Area. Each Party agrees to pay its share of the fees and expenses incurred by the Allocation Counsel within thirty (30) days after receipt of the b�lling statement 8.3 Fai1�rP of�the Parties to Agree on the location Counsel. If the Parties are unabie to a�ee on the Allocation Counsel by a majority decision within sixty 17