NS - Sanitary Sewer Easement on Elementary School #10 Site and Proposed Cost-Share Agreement

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is b. M/I and the County will shaze equally the total cost of the construction of the sewer facilities across the M/I property, Area "B" on Exhibit F hereto, which total cost is particularly detailed on Exhibit F hereto. 6. M/I and Priority each shall pay its portion of the total costs of the sewer facilities construction project as detailed in pazagraph 5 of this Agreement in one lump sum payment within thirty (30) business days after receipt of written demand for payment from the County, which demand shall be accompanied by (i) a complete copy of the as-built drawings of the sewer facilities, (ii) an itemized statement of the actual costs of construction of the sewer facilities, certified by the project engineer and (iii) written evidence of acceptance of the sewer facilities by the Orange Water and Sewer Authority. 7. The County agrees, through its agent the Chapel Hill-Carrboro City Boazd of Education, to construct the sewer facilities in accordance with the completed plans and specifications approved by OWASA and all other applicable governmental entities under the standazds and requirements of OWASA, and shall cause OWASA to accept the sewer facilities for operation and maintenance as part of the OWASA sewer system, including resolving all sewer system repairs, warranty claims or any other OWASA requirement necessary to accomplish OWASA acceptance of the sewer facilities at the conclusion of the sewer facility construction warranty period. 8. In the event County does not commence construction of the sewer facilities construction project at its "downstream" end (at the point where it connects to an existing Orange Water and Sewer Authority sewer facility at or neaz the eastern boundary of the Glenridge Townhome Association property) on or before January 15, 2008, any party to this Agreement may, in its sole and absolute discretion, terminate this Agreement by providing notice 4