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3. Lake Stevens shall not execute change orders for the Transmission Line Work <br /> without Everett's prior written approval, which Everett will not unreasonably withhold, delay or <br /> condition. <br /> 4. Lake Stevens may execute portions of the 91st Ave Project and Transmission Line <br /> Work in phases. <br /> E. Completion of Transmission Line Work. <br /> 1. Everett may use the Transmission Line Work prior to final inspection and final <br /> acceptance as necessary for water operations, expected immediately after connections are made <br /> and approved by Everett for use. <br /> 2. Upon completion of the Transmission Line Work, Lake Stevens will notify Everett <br /> that the Transmission Line Work is ready for final inspection. Everett shall promptly perform a <br /> final inspection and provide punch-list items, if any, to Lake Stevens. <br /> 3. Upon the completion of such punch-list items and the release of any contractor or <br /> similar liens or claims against the Transmission Line Work and the approval by Everett of such <br /> completion and release, which approval will not be unreasonably withheld,then: (i)Lake Stevens <br /> will accept the Transmission Line Work from the contractor, (ii) the Transmission Line Work is <br /> the property of Everett, and(c)Everett has responsibility for the maintenance and operation of the <br /> Transmission Line Work. <br /> 4. Everett and Lake Stevens will cooperate to execute any documents(such as bills of <br /> sale)necessary to document Everett's ownership of the Transmission Line Work. Lake Stevens <br /> will transfer to Everett within 30 days after the completion of the Transmission Line Work (i) <br /> record drawings(as-built)of the Transmission Line Work and(ii)any contractor or manufacturer's <br /> warranties for the Transmission Line Work. <br /> 5. After acceptance by Lake Stevens of the Transmission Line Work in accordance <br /> with this Agreement, Everett has the exclusive right to determine whether to assert claims against <br /> the Transmission Line Work contractor or subcontractors or others with respect to the <br /> Transmission Line Work (such as, for example, enforcement of contractor warranties). Everett <br /> will bear all its own costs related to such claims. Lake Stevens will cooperate with Everett <br /> regarding such claims. <br /> F. Cost Share. <br /> 1. Lake Stevens will be responsible for 100%of cost of 91st Ave Project. <br /> 2. Everett will reimburse Lake Stevens 57%of all design and construction costs paid <br /> by Lake Stevens for Transmission Line Work. This includes 57% of all costs arising from or <br /> relating to any claims asserted by construction contractors relating to the Transmission Line Work. <br /> In the event of such a claim,the Parties will meet and confer, and Lake Stevens will not settle such <br /> a claim without the prior approval of Everett,which will not be unreasonably withheld, delayed or <br /> conditioned. Each Party will bear the costs of their own staff. <br /> 5 <br />