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cost for such remedial actions (beyond the Performance Standards)will be <br /> calculated by the RET (using its independent consultants or advisors). The CAP <br /> based on Alternate Performance Standards will be implemented by the RET only <br /> if the requesting party agrees to pay the entire difference in cost. <br /> 2.15. Unless the Parties agree otherwise, the RET will establish cleanup standards for <br /> the Work based on the Performance Standards or Alternative Performance <br /> Standards, subject to the cost allocations agreed to by the parties herein. <br /> 2.16. At any time in the remedial action process prior to completion of the final CAP, <br /> the RET in consultation with legal advisors will determine the most appropriate <br /> legal framework (i.e., independent remedial action under the VCP, Agreed Order <br /> or Consent Order) for implementing the CAP under MICA. <br /> 2.17. The RET will conduct a request for proposals or other appropriate procurement <br /> procedure to engage the consultant or contractor best qualified to perform the <br /> Work entailed by the final CAP, and will manage and oversee the performance of <br /> the Work, in accordance with MTCA and the principles of this MOU. <br /> 2.18. In the event that the Preliminary Final CAP or other environmental liability is <br /> expected to cost more than $3.0 million, the RET may engage another qualified <br /> consultant to obtain a second opinion on a more cost-effective remediation <br /> strategy. <br /> 3. Funding of Environmental Work at Property <br /> 3.1. K-C and the City will share the cost of the Work as follows: <br /> 3.1.1. The Parties will share the first $1.0 million of the Work equally (50%/50%). <br /> 3.1.2. For the next $2.0 million of the Work, K-C will pay 75% of the cost to <br /> implement Performance Standards and the City will pay 25% of the cost to <br /> implement such Performance Standards. <br /> 3.1.3. In the event the cost of the Work to implement Performance Standards <br /> exceeds $3.0 million K-C shall bear such costs up to the Purchase Price. <br /> 3.1.4. In total, the City will fund up to $1.0 million of the Work necessary to <br /> implement Performance Standards plus amounts, if any, to implement additional <br /> cleanup actions necessary to achieve Alternate Performance Standards, and any <br /> costs to implement the Work in excess of K-C's maximum costs set forth in <br /> section 3.1.3. <br /> 3.1.5. As used in this MOU, the "cost of the Work to implement Performance <br /> Standards" are those costs paid by the City and K-C, not including any <br /> reimbursement or grants received by the City or cost recovery received from a <br /> PLP. <br /> 3.2. If K-C's long term unsecured and unsubordinated indebtedness or deposits are <br /> rated lower than Baa3 by Moody's Investor Services, Inc. ("Moody's") or BBB- by <br /> Standard and Poors Ratings Group ("S&P") or in the event that there is no such <br /> Page 7 <br />