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MEMORANDUM OF UNDERSTANDING <br />This Memorandum of Understanding ("MOU") is made and entered into effective this <br />10th day of March, 2006, by and between the County of San Bernardino, City of Rialto, <br />City of Colton, West Valley Water District and Fontana Water Company, a division of <br />San Gabriel Valley Water Company (each a "Party" and collectively the "Parties"), <br />subject to the approval of this MOU by each and every governing body, regarding the <br />allocation of funds to be sought from the United States related to the White Paper <br />entitled Proposed Initial 5 -year Groundwater Cleanup Approach Rialto -Colton and <br />Neighboring Basins San Bernardino County. California (hereinafter "Federal Funds"). <br />The Parties agree as follows: <br />1. The Parties agree on the use of Federal Funds as set forth in the White Paper, <br />if any Federal Funds are received pursuant to the White Paper. The Parties agree to <br />lobby United States Senators, Members of Congress and their Staffs jointly with <br />respect to the White Paper. <br />2. Nothing in the White Paper or this MOU may be used for any reason in the <br />litigation filed by or against any Party (the "Litigation"). The terms of the White Paper or <br />this MOU shall not be interpreted as a waiver or admission of any fact concerning the <br />relative liability of any Party or any Party's respective share of any monies obtained, if <br />any, in the Litigation. Each Party receiving any Federal Funds shall be responsible for, <br />and determine the source of, the matching funds, if any. Unless the Parties agree <br />otherwise, the Parties will not seek or accept Federal Funds from, and will oppose, <br />legislation that directs or makes the receipt of Federal Funds dependent upon the use, <br />or a particular division among the Parties, of any monies obtained by another Party <br />from any defendant (or any other litigation party) in the Litigation. <br />3. Unless all the Parties agree to the terms of this MOU, the White Paper, as <br />written, will not be used by any Party and specifically will not be used by any Party to <br />obtain Federal Funds. Notwithstanding the previous sentence, any Party (by itself or <br />