Allocation of Shared Phase and FS Work Plan Costs Sample Clauses

Allocation of Shared Phase and FS Work Plan Costs. The Port of Seattle, King County, and any other LDWG Member who has not withdrawn from the AOC after the performance of the Phase I RI ("Phase RI and FS Work Plan Participating Member") agree to pay the Shared Phase RI and FS Work Plan Costs (as defined in Section 3.3) by allocating such costs on an interim equal or per capita basis for each Phase RI and FS Work Plan Participating Member, up to a maximum total cost of $1,113,000, exclusive of Phase I RI Costs. The Phase RI and FS Work Plan Participating Members may increase Shared Phase RI and FS Work Plan Costs above $1,113,000, and any Phase RI and FS Work Plan Participating Member may seek a different interim allocation of such costs above $1,113,000. Each Phase RI and FS Work Plan Participating Member shall be severally, and not jointly, liable for the interim allocation of Phase RI and FS Work Plan Costs. Except as set forth in this Agreement, a performing Phase RI and FS Work Plan Participating Member reserves all rights of action against a defaulting or non-performing Phase RI and FS Work Plan Participating Member or a Member who has withdrawn from further participation in the AOC for recovery of Shared Phase RI and FS Work Plan Costs under all applicable statutes or theories of law or equity. The Members agree that payments made under this MOA constitute an interim allocation for participation under this MOA and do not represent an allocation of responsibility for investigation or cleanup of the Lower Duwamish Waterway. Members do not waive their right to seek an allocation or contribution different from that set forth in Section 3.2 from other Members or from persons or entities not a Member to this MOA.
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