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<br /> ERM DRAFT January 16, 1996 J()£ <br /> 14:46 pm <br /> confirms that such reallocation moots the State's <br /> appeal from the Monitor Order. <br /> 4. Indemnification for J9.int and Several Liability. The <br /> <br /> parties agree that, if the District Court/s order real1oc~ting the <br /> state's one-third share ,of the Monitor's Costs imposes joint and <br /> several liability among Plaintiff-Intervenors to pay one-half of <br /> the State's one-third share, then the Plaintiff-Intervenors shall <br /> pay their respective allocated shares herein and indemnify and hold <br /> each other harmless from any claim or liability for the payment of <br /> any amount in excess of such shares. <br /> 5. Reimbursement of Costs of Litigation. The Parties agree <br /> that all payments made by them for a portion of the costs o~ the <br /> be claimed as ' <br /> Monitor shall reimbursable costs of litigation in <br /> Cause No. MO-9l-CA-O69, and each Party shall receive appropriate <br /> credit for any such payment made by that Party in allocating the <br /> total amount received by the Parties, by award or settlement, for <br /> their combined cost of litigation after October 11, 1993. <br /> 6. Confidentiality. This Agreement shall¡ to the extent <br /> allowed by law, remain privileged and confidential, and shall not <br /> be voluntarily disclosed or released by any Party. <br /> IN WITNESS WHEREOF? the Parties have signed this Agreement in <br /> multiple counterparts, each of which 3hall be deemed to be an <br /> original. <br /> -6- <br /> 9£J12'd ÞG:8~ 301 96-9~-H~1 <br />