Allocation of Shared ENR/AC Pilot Study Costs Sample Clauses

Allocation of Shared ENR/AC Pilot Study Costs. The LDWG Members hereby agree to pay the Shared ENR/AC Pilot Study Costs (as defined in Section 3.2) by allocating such costs on an interim equal (per capita) basis, pending a final allocation. Each Member shall be severally, and not jointly, liable for this interim allocation of Shared ENR/AC Pilot Study Costs. A performing Member reserves all rights of action against a defaulting or non- performing Member for recovery of Shared ENR/AC Pilot Study Costs under all applicable statutes and theories of law or equity. The Members agree that such payments do not constitute an allocation of responsibility for investigation or cleanup of the Lower Duwamish Waterway. Members reserve their right to seek an allocation or contribution different from that set forth in Section 2.1 of this 2nd Amendment from other Members and to seek an allocation or contribution from persons or entities not a Member to the MOA.
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