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7 <br /> to represent the Coalition in said legal challenge(s) and wish to collectively pay <br /> Counsel as further set forth below. <br /> 4. NOW THEREFORE, in consideration of the terms and provisions <br /> contained herein, Coalition agrees as follows: <br /> AGREEMENT <br /> 1. Purpose: It is the purpose of this Agreement to have the Coalition <br /> collectively pay for the legal services of Foster Pepper PLLC (Legal Services)to <br /> represent the Coalition's interests in any legal challenges to the NPDES Phase II <br /> permits (Litigation). <br /> 2. Duration: This Agreement shall be effective January 25, 2007, irrespective <br /> of the date members of the Coalition execute this Agreement. Unless terminated by <br /> any party in accordance with Paragraph 5, Termination, the Agreement shall remain <br /> in full force and effect through conclusion of the Legal Services either through <br /> settlement of the dispute with the State of Washington, Pollution Control Hearings <br /> Board order, court order or other court disposition by the highest court authorized to <br /> hear an appeal of this matter, and/or other mutual resolution of the legal challenge or <br /> Legal Services as agreed to among members of the Coalition as provided in <br /> Paragraph 5.2 of this Agreement. <br /> 3. Administration: Coalition shall enter into a Joint Prosecution Agreement for <br /> the administration of the Legal Services and Litigation. Said Joint Prosecution <br /> Agreement shall include, but need not be limited to, a confidentiality agreement, <br /> establishing a structure for the administration and oversight of the Legal Services <br /> and Litigation that is efficient and effective given the number of Coalition who are <br /> parties to this Agreement, including oversight of the legal costs incurred pursuant to <br /> this Agreement and any other subjects necessary or appropriate to the administration <br /> of the Legal Services and prosecution of the Litigation. If this Agreement is effective <br /> prior to finalizing the Joint Prosecution Agreement, Coalition authorize the City of <br /> Bellevue to be Lead Agency to do all things necessary and/or appropriate to pursue <br /> the Litigation on behalf of Coalition including but not limited entering into an <br /> agreement for Legal Services as contemplated herein. <br /> 4. Payment: <br /> 4.1 The Legal Services' fees and costs shall be shared equally by all <br /> Coalition regardless of a member of the Coalition's population or nature or any other <br /> factor distinguishing it from another member of the Coalition. This obligation shall <br /> continue through conclusion of the Legal Services as provided in Paragraph 2 above, <br /> unless a member of the Coalition terminates its participation in this Agreement as <br /> provided in Paragraph 5. Members of the Coalition hereby authorize said fees and <br /> NPDES INTERLOCAL AGREEMENT 3 4. <br /> Page 2 of 15 <br />