12-19-2019
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Diversion Authority/NuStar - Pre-NDPSC Application Work Payment Agreement 68892716 - Page 3 <br />AGREEMENT <br />1. Recitals. The foregoing Recitals are substantive in nature and incorporated by reference as though fully set forth herein. 2. Application-Related Work. NuStar shall use reasonable efforts to complete the <br />Application-Related Work as promptly as reasonably practicable. NuStar shall work <br />diligently to try to be in a position of owning the necessary land rights and having the necessary internal and governmental approvals so that NuStar could complete the Relocation Project in 2020, if possible, and if requested to do so by the Diversion Authority. Notwithstanding the foregoing, the Diversion acknowledges and agrees that <br />NuStar does not, by entering into this Agreement, represent that it will in fact be in a <br />position to complete the Relocation Project in 2020. 3. Budget. The Diversion Authority agrees to reimburse NuStar and/or directly pay invoices by NuStar’s contractors for Application-Related Work Expenses in an amount not-to- <br />exceed four hundred thousand dollars ($400,000). The Diversion Authority understands <br />and acknowledges that this amount is an estimate and additional funding may be needed in order for NuStar to complete the Application-Related Work. In the event the Diversion Authority directs NuStar to perform additional services, the Diversion Authority agrees to compensate NuStar accordingly for those additional services. NuStar will make reasonable <br />efforts to complete the Application-Related Work Expenses within the budget and will <br />keep the Diversion Authority informed of progress toward that end so that the budget or work effort can be adjusted if necessary. NuStar is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the Diversion Authority obligated to reimburse NuStar beyond these limits. The Diversion Authority agrees not to unreasonably <br />withhold its direction to NuStar to perform additional work even if doing so would result in <br />expenses in excess of the estimated amount. When any budget has been increased, NuStar’s costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. <br />4. Invoicing and Reimbursement. The Diversion Authority agrees to reimburse NuStar for <br />Application-Related Work Expenses, provided that NuStar provides invoices that adequately substantiate the materials and labor being charged for therein. The Diversion Authority will pay the Application-Related Work Expenses within 30 days of the Diversion Authority’s receipt of said invoices. <br /> <br />a) NuStar shall deliver invoices to the Diversion Authority for Application-Related Work Expenses within 60 days of NuStar’s payment of the same. NuStar must review each invoice before it is sent to the Diversion Authority to determine its accuracy and to ensure the invoice complies with the requirements in this Agreement. Each invoice will <br />be entered into the Aconex system and processed by the Diversion Authority for the <br />following month. b) NuStar must submit the invoice(s) to:
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