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The Lead Agency shall place these funds into an interest-bearing account, with any <br /> interest derived from these funds to be applied to the fees of Legal Counsel. At the <br /> time of drafting of this Agreement parties have committed to joining this <br /> appeal; therefore the proportionate share of each member of the Coalition is $ <br /> . In the event the Lead Agency must take legal action to collect any <br /> amount due from a member of the Coalition, the Lead Agency shall be entitled to <br /> recover all costs for said action including reasonable attorney's fees. <br /> 4.3 Legal Counsel shall provide a monthly bill of its fees and costs to <br /> the Lead Agency, and the Lead Agency shall timely pay Legal Counsel's invoice on <br /> behalf of Coalition. The Lead Agency shall provide a bi-monthly accounting to other <br /> Coalition members of the funds on hand. <br /> 4.4 In the event additional governmental entities join this Agreement, <br /> the proportionate share of each member of the Coalition shall be reduced <br /> accordingly. In the event fewer governmental agencies participate in this <br /> Agreement or terminate their participation, the proportionate share of each remaining <br /> participating member of the Coalition shall increase accordingly. At the termination of <br /> this Agreement, and at the termination of any participating member, the Lead Agency <br /> shall reconcile the fees and charges applicable to all members. <br /> 4.5 While it is recognized that some members of the Coalition may <br /> not be able to sign this Agreement before January 31, 2012, it is agreed that the <br /> members will benefit from the Legal Services provided herein. Therefore, it is <br /> presumed that a member of the Coalition which enters and signs this Agreement <br /> agrees to pay for Legal Services performed as of January 31, 2012, regardless of the <br /> date of signing. Adjustments to amounts previously billed and received by the Lead <br /> Agency due to later joining members of the Coalition will be reconciled on a semi <br /> annual basis. <br /> 5. Termination: <br /> 5.1 Termination by Notice: Any participating member of the Coalition <br /> may terminate its participation in this Agreement by providing at least three month's <br /> prior written notice to all other participating members. The terminating member must <br /> pay the full share of the Legal Services Fees and Costs due through the date of <br /> termination. Should it become necessary to amend this Agreement to increase the <br /> authorized total amount of fees and costs set forth in Paragraph 4.1, or a member's <br /> proportionate share pursuant to Paragraph 4.2, any member may terminate its <br /> participation in this Agreement by providing written notice to all other participating <br /> members within 15 days of receiving written notice of the request to amend fees and <br /> costs. This termination shall not affect the obligation of the terminating member to <br /> pay its full share of the currently authorized Legal Services Fees and Costs. Except <br /> as provided in Paragraph 5.2, the termination of a member's participation in this <br /> Agreement shall not result in the termination of this Agreement with respect to other <br /> members of the Coalition. <br /> NPDES INTERLOCAL AGREEMENT <br /> Page 3 of 9 <br />