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3 <br />G. Permanent Easement. Upon completion of the PSO 6 Work, the City and Port <br />will promptly execute a 30 foot wide permanent non-exclusive easement at no cost to the City <br />for PSO 6 Work in the form approved under Section 1.A.2 above. The pennanent easement will <br />not contain any indemnity or defense obligations relating to environmental matters. <br />H. Cost Sharing. <br />1. Equal Split. Except for Port Additional Work and except in the case of an <br />off -ramp termination, the Parties will equally split all expenses related to the PSO 6 Work, <br />including for example all surveying, designing, permitting, and construction costs. This equal <br />split also includes all costs arising from or relating to any claims asserted against the City by <br />construction contractors relating to the PSO 6 Work. In the event of such a claim, the Parties <br />will meet and confer, and the City will not settle such a claim without the prior approval of the <br />Port, which will not be unreasonably withheld. <br />2. Port Additional Work. The Port will pay 100% of costs related to the Port <br />Additional Work, including, for example, all surveying, designing, permitting, and construction <br />costs. This also includes all costs arising from or relating to any claims asserted against the City <br />by construction contractors relating to the Port Additional Work. In the event of such a claim, <br />the Parties will meet and confer, and the City will not settle such a claim without the prior <br />approval of the Port, which will not be unreasonably withheld. <br />3. Site Damage .The City and the City's contractor shall protect all Port <br />facilities, and, if damaged, will make any and all repairs to the reasonable satisfaction of the Port. <br />The City will pay the cost of all such repairs to the extent of the City's fault or the fault of the <br />City's contractors and agents <br />4. Staff Costs. Each party will bear the costs of its own PSO 6 staff work. <br />5. Billing Procedure. The City will invoice the Port for the Port's share of <br />PSO 6 Work expenses. The Parties anticipate that the City will invoice the Port as the City <br />makes payments to PSO 6 Work consultants and contractors. An invoice will document in <br />reasonable detail the amounts expended by the City related to the PSO 6 Work. Upon <br />completion and acceptance of the PSO 6 Work and resolution of contractor claims (if any), the <br />Parties will true -up the payments, so that each Party has paid 50% of the expenses related to the <br />PSO 6 Work, except for expenses related to Port Additional Work, which will be borne by the <br />Port. <br />I. Use of Off -Ramps. The Parties acknowledge that the work regarding PSO 6 is <br />necessary work and the parties together have budgeted funding in the general amount of <br />$400,000 for the estimated total cost of the work. The Parties agree that the necessity of the <br />work must be taken into account when a Party considers using an off -ramp under Sections 1.A.3 <br />and 1.C.2 above. <br />4 <br />S OM\03 221 \0081 \0 0762427. V 1 <br />9 <br />