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4 <br />over a number of years, the Parties understand that the estimated capitai <br />costs of the LRT Project may be subject to change and adjustment. <br />2. Subject to Section 5 herein and based upon a total capital cost estimate of <br />$1.378 billion for the LRT Project, Durham's share of this total shall be <br />$1.061.8 billion and Orange's share of this total shall be $316.2 million. This <br />division of responsibility for costs reflects percentage shares of 77.05% for <br />Durham and 22.954% for Orange. <br />3. Subject to Section 5 herein the Parties agree that the operations and <br />maintenance costs of the LRT Project will be shared and paid for by each <br />Party based upon the same 77.06% and 22.94% division of responsibility. <br />4. The Parties agree that the funds used to pay for the Costs of the LRT Project <br />shall come from transit sales tax revenues collecfed; by TTA pursuant to <br />NCGS 105-509.1 and other transit revenues which may be used for this <br />purpose, including but not limited to rental car taxes and vehicle registration <br />fees. <br />5. The Parties agree thaf should capital costs exceed the current estimated total <br />of $1.378 billion in no event shall contributions of funds by Orange exceed the <br />funds collected in Orange County as set out in Section 4 herein. Specifically, <br />should revenues generated in Orange County by the sales tax authorized in <br />NCGS 105-509, together with other transifi revenues set out in Section 4 <br />herein be insufficient to meet Orange's estimated $316.2 million share of <br />capital costs or operational cosfs or both Orange shall not contribute <br />additional funds to the LRT Projecf beyond those funds. <br />6. The Parties agree that in the event the capital costs exceed the current <br />estimated total of $1.378 billion, they will discuss a response to this situation. <br />Such responses may include a schedule delay in one or more aspects of the <br />LRT Project, a reduction in the scope of the LRT Project, , a combination of <br />these measures, discontinuation of the LRT Project, or other reasonable <br />steps to mutually address the increased capital costs of the LRT Project. <br />7. TTA shalf allocate and pay for the respective shares of planning, <br />construction, operations, and maintenance costs from the revenues received <br />in accordance with this Agreement and the BRI Plans. TTA shall provide an <br />annual report on the collection, allocation, and expenditure of those funds to <br />the governing boards of Durham and Orange. TTA shall provide to the <br />governing boards of Durham and Orange copies of its annual audit reports as <br />those reports are related to the collection of transit revenues in Durham <br />County and Orange County, including funds collected pursuant to NCGS 105- <br />509.1. <br />Page ~ 2 <br />