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Port Gardner Bay Outfall Replacement Agreement <br /> statute of limitations for any cause of action between the Participants <br /> arising from allocation of fault, contribution or cost shall begin to run <br /> when, as and if liability on the claim becomes final. A claim becomes <br /> final upon the later of: (a)the expiration time for filing a notice of <br /> appeal from a trial court's judgment, or trial court decision after remand, <br /> without the filing of an appeal therefrom; (b) the expiration of time for <br /> seeking review of an appellate court decision and the appellate court <br /> issues its mandate without remanding any part of the action for further <br /> proceedings by the trial court; or(c)the Supreme Court issues its <br /> mandate without remanding any part of the action for further <br /> proceedings by an inferior court. <br /> 11.3.2.2 During the pendency of the claim, the parties agree to defend against the <br /> claim to the extent that the Participant defending the claim reasonably <br /> believes that the claimant is not entitled to such claim, in whole or in <br /> part. The PRT shall be consulted and may provide policy oversight with <br /> respect to defense of the claim. Prior to appointment of counsel to <br /> prosecute or defend any claim hereunder, K-C shall: (a) consult with the <br /> City Attorney concerning the list of candidates; (b) to the extent time <br /> allows, interview prospective counsel jointly with the City Attorney; and <br /> (c) give substantial weight to the recommendation of the City Attorney <br /> in selection of outside counsel. The expenses of defense, settlement, and <br /> any net judgment in favor of any Construction Contractor shall become <br /> part of the Construction Budget; provided, however, such expenses shall <br /> 22 of 46 <br />