R95-43 AUTHORIZING SITE PARTICIPATION AGREEMENT

Home Browse Search

, + t � . .' � < `• ` ' � Counsel will use his or her best efforts to make the Final Allocation determinations based upon the underlying Record for each of the two categories of costs. c. A�reement to Cooperate. The Allocation Counsel may at his or her discretion request additional information from each Party as he or she deems necessary and appropriate. Such requests may include submission of additional documentation on a disputed fact or making avaiiable a �vitness for an interview. The Parties are entitled to be represented at any such interview and to ask questions of any such witness. Each Party agrees to fully comply with any and all reasonable requests for information nade by the Allocation Counsei directe� to that Party. Each Party also agrees to assist in obtaining information from non-parties where relevant and useful to the allocation decisions and upon request by the Allocation Counsel, to the eatent permitted by law; provided, however, that no Party shall be required to commence or pursue lirigation a�ainst non-pzrties. Additionally, no Party shall be required to incur costs or expenses in obtarning informarion from third parties, except as will be subject to final allocarion under Article 8 of this A�eement. 8.5 A1location Decisions. Within a reasonable period of tine not to exceed ninety (90) days, Allocation Counsel shall prepare two (2) separate written draft Allocarion Reports, one for each category of costs, setting forth each Final Allocation for all Parties, and the re3sons therefor. The final recommended allocations shall be based upon the underiying Record for each category of costs, and such factors and criteria including, but not e es are limited to, causation, as the Allocation Counsel at his or her discretion det rm�n appropriate. Following the issuanc� of the draft Reports, the Parties shall have ten (10) 21