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10 <br /> Nevertheless,the Parties agree that in the event of an unforeseen or catastrophic failure <br /> during the term of this Agreement, corrective measures shall be undertaken as follows. <br /> For any unforeseen or catastrophic failure with a projected repair cost of less than$500,000, <br /> the Parties agree to undertake necessary repairs in accordance with the cost sharing <br /> arrangement provided in Paragraph 3.A of this Agreement. <br /> For any unforeseen or catastrophic failure with a projected repair cost of more than$500,000, <br /> the parties agree to meet and either a)consent to proceed with the repairs according to the cost <br /> sharing arrangement specified in Paragraph 3.A of this Agreement; b)reject or modify the <br /> proposed repairs;or c)in the event the Parties are unable to reach an agreement under a)or b) <br /> of this paragraph, any party or combination of the Parties may undertake the necessary repairs at <br /> their own cost, but this will not otherwise impair or limit the rights,claims, or interests of any of the <br /> Parties, individually or otherwise. <br /> 3. RESPONSIBILITIES: <br /> A. Cost Sharing- Each party to this agreement shall be responsible for their share of the <br /> costs related to the Tasks according to the following distribution schedule: <br /> Snohomish County 10% <br /> PSE 35% <br /> City of Everett 35% <br /> Olympic Pipe Line 20% <br /> Costs necessary to perform Tasks described in Section 2 of this Agreement shall include, but are <br /> not limited to the following: purchase of materials,design, engineering, mitigation, maintenance, <br /> labor and equipment costs, construction contract costs, and permitting costs necessary to <br /> accomplish this work. <br /> If approved by all Parties, the aforementioned cost sharing would also fund a third party <br /> administrator to assist with the management of Tasks enumerated under this Agreement. <br /> B. Specific Tasks <br /> 1. Snohomish County- In addition to sharing of costs as described in Section 3.A.,the <br /> County will be the project manager and lead party for submitting permit applications to <br /> appropriate regulatory agencies to accomplish the Tasks. Permit requirements are expected to <br /> vary depending on the nature and location of the work and may be exempt due to maintenance <br /> exemptions. However, permits may include but are not limited to the following-Corps of <br /> Engineers(404 and/or Section 10), State of Washington(HPA and 401 certification), and <br /> Snohomish County(Shorelines, Grading, Critical Areas compliance). It is understood that timing <br /> and terms of issuance of permits are controlled by the issuing agencies. <br /> The Tasks may be accomplished by County crews and/or City crews,or by construction contract <br /> administered by the County. If County or City crews are used to perform the Tasks,the <br /> management committee shall review and approve the tasks, estimated cost and schedule for the <br /> projects. If outside contractors are used to perform the Tasks, a competitive bidding process <br /> shall be used to select the contractors. <br /> Cost Share Agmt Final.doc Page 4 <br /> 83 <br />