Common use of Lead Agency Clause in Contracts

Lead Agency. a. For purposes of this Settlement Agreement, the Lead Agency with respect to the Savannah Facility is the Georgia Department of Natural Resources, Environmental Protection Division (“GA EPD”). The Non-Lead Agency with respect to the Savannah Facility shall be US EPA. GA EPD and US EPA may provide the Savannah Trustee with joint written notice that the Lead Agency for the Savannah Facility has changed. b. Within 90 days following the Effective Date in the first year and thereafter by January 1 of each year following the Effective Date, the Savannah Trustee shall provide to the Lead Agency for the Savannah Facility, a statement showing the balance of the Savannah Trust Environmental Cost Account and proposed budget for the coming year. The Lead Agency shall have the authority to approve or disapprove the proposed budget for the Savannah Trust Environmental Cost Account, but only after consultation with the Non-Lead Agency where the Non-Lead Agency requests such consultation. c. The Savannah Trustee shall pay funds from the Savannah Trust Environmental Cost Account to the Lead Agency making a written request for funds for reimbursement within 30 days following such request. Such written request shall: (i) be in accordance with the approved budget set forth in Subparagraph 39(b) above, and (ii) shall specify what the funds were used for and shall certify that they were used only for Environmental Actions performed and/or oversight costs incurred after the Effective Date by the Lead Agency with respect to the Savannah Facility. d. The Savannah Trustee shall also pay funds from the Savannah Trust Environmental Cost Account to the Non-Lead Agency making a written request for funds within 30 days following such request where the Lead Agency has requested the assistance of the Non-Lead Agency with respect to the Savannah Facility. Such written request shall: (i) be in accordance with the approved budget set forth in Subparagraph 39(b) above, and (ii) shall specify what the funds were used for and shall certify that they were used only for Environmental Actions performed and/or oversight costs incurred after the Effective Date by the Non-Lead Agency with respect to the Savannah Facility. e. In the case of requests by the Lead Agency to the Savannah Trustee to use the funds from the Savannah Trust Environmental Cost Account to perform Environmental Actions in accordance with the approved budget set forth in Subparagraph 39(b) above, the Savannah Trustee shall utilize the funds and interest earned thereon from that Savannah Trust Environmental Cost Account to undertake such work promptly and in accordance with any schedule approved by the Lead Agency. The Savannah Trustee shall seek the approval of the Lead Agency of any contractor hired by the Savannah Trustee and any work plans to be undertaken by the Savannah Trust under the oversight of the Lead Agency, unless the Lead Agency has provided a written waiver of such approval or requirements. The Savannah Trustee shall require liability insurance as set forth in the Savannah Trust Agreement from each contractor hired to perform work.

Lead Agency. a. For purposes of this Settlement Agreement, the Lead Agency with respect to the Savannah Facility is the Georgia Department of Natural Resources, Environmental Protection Division (“GA EPD”). The Non-Lead Agency with respect to the Savannah Facility shall be US EPA. GA EPD and US EPA may provide the Savannah Trustee with joint written notice that the Lead Agency for the Savannah Facility has changed.changed.‌ b. Within 90 days following the Effective Date in the first year and thereafter by January 1 of each year following the Effective Date, the Savannah Trustee shall provide to the Lead Agency for the Savannah Facility, a statement showing the balance of the Savannah Trust Environmental Cost Account and proposed budget for the coming year. The Lead Agency shall have the authority to approve or disapprove the proposed budget for the Savannah Trust Environmental Cost Account, but only after consultation with the Non-Lead Agency where the Non-Lead Agency requests such consultation.consultation.‌ c. The Savannah Trustee shall pay funds from the Savannah Trust Environmental Cost Account to the Lead Agency making a written request for funds for reimbursement within 30 days following such request. Such written request shall: (i) be in accordance with the approved budget set forth in Subparagraph 39(b) above, and (ii) shall specify what the funds were used for and shall certify that they were used only for Environmental Actions performed and/or oversight costs incurred after the Effective Date by the Lead Agency with respect to the Savannah Facility. d. The Savannah Trustee shall also pay funds from the Savannah Trust Environmental Cost Account to the Non-Lead Agency making a written request for funds within 30 days following such request where the Lead Agency has requested the assistance of the Non-Lead Agency with respect to the Savannah Facility. Such written request shall: (i) be in accordance with the approved budget set forth in Subparagraph 39(b) above, and (ii) shall specify what the funds were used for and shall certify that they were used only for Environmental Actions performed and/or oversight costs incurred after the Effective Date by the Non-Lead Agency with respect to the Savannah Facility. e. In the case of requests by the Lead Agency to the Savannah Trustee to use the funds from the Savannah Trust Environmental Cost Account to perform Environmental Actions in accordance with the approved budget set forth in Subparagraph 39(b) above, the Savannah Trustee shall utilize the funds and interest earned thereon from that Savannah Trust Environmental Cost Account to undertake such work promptly and in accordance with any schedule approved by the Lead Agency. The Savannah Trustee shall seek the approval of the Lead Agency of any contractor hired by the Savannah Trustee and any work plans to be undertaken by the Savannah Trust under the oversight of the Lead Agency, unless the Lead Agency has provided a written waiver of such approval or requirements. The Savannah Trustee shall require liability insurance as set forth in the Savannah Trust Agreement from each contractor hired to perform work.