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2 <br /> AGREEMENT <br /> The Parties agree as follows: <br /> 1. DEFINITIONS <br /> A. "Actual District CE's"are defined in Section 5.0(4)of this Agreement. <br /> B. "Adjustment Notice"is defined in Section 8.B (3) (a). <br /> C. "Adjustment Provisions"are defined in Section 8.B (2) of this Agreement. <br /> D. "Agreed Capacity" is the agreed capacity that Everett and District have <br /> designated for each Everett Capacity Facility for the purposes of determining <br /> District's percentage share of capital costs. The Agreed Capacities are shown in <br /> the table contained in Section 5.B (2) (b) of this Agreement. For the EWPCF,the <br /> Agreed Capacity is attained when there is capacity to treat both the liquid and <br /> solids at the stated flow rate. Therefore, the 40.4 MGD Agreed Capacity shown <br /> in the table will be met when there have been facilities constructed to treat both <br /> the liquid and solids waste streams associated with the maximum average wet <br /> month flow of 40.4 MGD. <br /> • <br /> E. "Agreement" means this document and is defined in the first paragraph of this <br /> Agreement. <br /> F. "Calculated Single Family Sewer Rate"is defined in Section 5.0 (3) (a) Of this <br /> Agreement. <br /> G. "Capacity Buyer" is defined in Section 4.F. (2)of this Agreement. <br /> H. "Claims"means any and all losses, claims,demands,expenses(including, but not <br /> limited to, attomey's fees and litigation expenses), penalties, permit violations, <br /> fines, claims of violation of regulation(s), suits, governmental or regulatory <br /> proceedings,judgments and damage, irrespective of the type of relief sought or <br /> demanded, such as money or injunctive relief, and irrespective of whether the <br /> damage alleged is bodily injury, damage to property, economic loss, general <br /> damages, special damages, consequential damages or other kind of damages. <br /> I. "Connection Point(s)" are defined in Section 3.A of this Agreement and are <br /> shown in Exhibit B attached to this Agreement. <br /> J. "Construction and Design Costs" mean all costs relating to financing, <br /> permitting, design and construction of a public works project, including without <br /> limitation all costs of engineers, surveyors, design professionals and other <br /> consultants; all costs of construction contractors and subcontractors for labor, <br /> materials, equipment, and overhead, and contractor claims or other project <br /> 11 <br />