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Western District of Washington Cause No. 2:11-cv-02044-RSM (the "Litigation.") As <br /> used in this Agreement, the term "Legal Services" shall include costs incurred by the <br /> Coalition or by the Coalition's legal counsel for expert witness fees that are previously <br /> approved by the Coalition. Additionally, the Coalition may elect to retain counsel to <br /> represent the Coalition's interests in any public proceeding or any public process <br /> instituted by either FEMA or the National Marine Fisheries Service for the purpose of <br /> complying with the Endangered Species Act as it relates to the Litigation. <br /> 2. Duration: This Agreement shall be effective January 31, 2012, <br /> irrespective of the date members of the Coalition execute this Agreement. Unless <br /> terminated by any party in accordance with Paragraph 5 -Termination, the <br /> Agreement shall remain in full force and effect through conclusion of the Legal <br /> Services either through settlement of the dispute with the National Wildlife <br /> Federation, 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 of this Agreement. <br /> 3. Administration: The Coalition shall enter into a Joint Prosecution <br /> Agreement for the administration of the Legal Services and Litigation. The Joint <br /> Prosecution Agreement shall include, but need not be limited to, a confidentiality <br /> agreement, establishing a structure for the administration and oversight of the Legal <br /> Services and Litigation that is efficient and effective given the number of Coalition <br /> members who are parties to this Agreement, including oversight of the legal costs <br /> incurred pursuant to this Agreement and any other subjects necessary or appropriate <br /> to the administration of the Legal Services and prosecution of the Litigation. If this <br /> Agreement is effective prior to finalizing the Joint Prosecution Agreement, the <br /> Coalition authorize the City of (hereinafter, "Lead Agency")to be Lead <br /> Agency to do all things necessary and/or appropriate to pursue the Litigation on <br /> behalf of the Coalition including but not limited entering into an agreement for Legal <br /> Services as contemplated herein. The Lead Agency shall receive no compensation <br /> or offset for performing such duties. <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 any other factor <br /> distinguishing it from another member of the Coalition. This obligation shall continue <br /> through conclusion of the Legal Services as provided in Paragraph 2 above, unless a <br /> member of the Coalition terminates its participation in this Agreement as provided in <br /> Paragraph 5. Members of the Coalition hereby authorize said fees and costs up to a <br /> total of$ . Additional fees and/or costs may be approved by written <br /> amendment to this Agreement by Coalition. <br /> 4.2 Within 15 days of approval of this Agreement, each member of the <br /> Coalition shall remit its proportionate share of the fees and costs to the Lead Agency. <br /> NPDES INTERLOCAL AGREEMENT <br /> Page 2 of 9 <br />