05-17-2018
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05-17-2018
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11 <br />Diversion Authority will notify the Utility of such fact and the Utility will correct such <br />nonconformance in the construction work and re-notify for inspection. Section 5.12 RECORD DRAWINGS DELIVERABLE. <br /> (a) The Utility shall cooperate with the Authority in the development of Record <br />Drawings Deliverable for the Utility Location Project. <br /> <br />(b) The Utility shall submit GPS coordinates and pipe depths at approximately fifty <br />(50) yard intervals along the alignment of the Utility Location Project to the extent the Utility <br />Location Project is within the Project Site. <br /> ARTICLE VI. PAYMENT OF COSTS <br />Section 6.01 RESPONSIBILITY. The Utility shall be responsible for all costs of the Utility Location Project. This Section shall not be construed to apply to costs incurred to relocate the Utility facilities in the event relocation is necessitated by a change in the Project Site, occurring after completion of the Utility Location Project. <br />ARTICLE VII. <br />THIRD-PARTY BENEFICIARIES Section 7.01 P3 DEVELOPER. The Metro Flood Diversion Authority and Utility specifically agree, acknowledge, and covenant that the P3 Developer selected to build the DCAI <br />under the Project Agreement is an intended third-party beneficiary and may enforce the terms <br />and conditions of this Agreement, including, but not limited to, securing a court judgment against the Utility to perform its obligations under this Agreement. Should the Utility fall into breach or default of this Agreement, the Utility shall indemnify and hold the P3 Developer and Metro Flood Diversion Authority harmless for any liability either party incurs as a result of <br />such breach or default. In addition to the foregoing, the P3 Developer shall have all other rights <br />available to it at law or in equity, and all of the rights and remedies provided hereunder are deemed cumulative and not exclusive of any right or remedies. Any and all rights, responsibilities, and obligations that this Agreement assigns to the Metro Flood Diversion Authority may be assigned to the P3 Developer, at the sole discretion of the Metro Flood <br />Diversion Authority. <br /> ARTICLE VIII. <br />FUTURE RIGHTS AND RESPONSIBILITIES Section 8.01 Diversion Project. The parties agree and recognize that the Project Site is a public facility, and that the Metro Flood Diversion Authority’s use of the Pipeline Easement Property for purposes of proper reasonable construction, inspection, reconstruction, modification, operation, maintenance, repair, or improvement of the Project Site takes priority <br />over the Utility’s use of the Pipeline Easement Property. The Metro Flood Diversion Authority will take reasonable care to avoid any damages to the Utility’s pipeline and related
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