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4 <br /> 1.7 The UTILITY may withhold this acceptance of work by submitting written.notification to the <br /> STATE within the 90 day period. This notification shall include the specific reasons for withholding the <br /> acceptance. <br /> 1.8 In regards to any release or waiver addressed in paragraphs 1.5 or 1.6, above, the UTILITY <br /> does not waive and release any claim or demand for defects in design or construction only to the extent of <br /> the designer's and contractor's liability to the STATE for such defects. It is agreed that the STATE's liability <br /> to the UTILITY under such circumstances shall not exceed sums, if any, as may be recovered from the <br /> designer and/or contractor. The UTILITY shall have full responsibility for preparation and presentation of <br /> such claims and shall bear all expenses thereof, including attorneys' fees and costs. The UTILITY agrees <br /> to reimburse the STATE for all costs of any nature which may be incurred by the STATE, including its <br /> attorneys fees. <br /> 2. PAYMENT <br /> 2.1 An itemized estimate of cost for work to be performed by the STATE, marked Exhibit B, is <br /> attached hereto and by this reference made a part of this AGREEMENT. <br /> 2.2 The UTILITY, in consideration of the faithful performance of the work to be done by the STATE, <br /> agrees to reimburse the STATE for the actual direct and related indirect cost of all work which is the <br /> financial responsibility of the UTILITY, as defined in Exhibits A and B. <br /> 2.3 Partial payments shall be made by the UTILITY, upon request by the STATE, to cover costs <br /> incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such <br /> partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of <br /> final payment, all required adjustments will be made and reflected in the final payment. <br /> 2.4 The UTILITY agrees to make payment for the work to be done by the STATE within thirty(30) <br /> days from receipt of billing from the STATE. <br /> 2.5 The UTILITY agrees to pay the STATE the"Advance Payment Amount," stated above,within <br /> 20 days after the STATE submits its first partial payment request to the UTILITY. The advance payment <br /> represents approximately fifteen (15) percent of the estimate of cost for which the UTILITY is responsible <br /> and covers costs incurred by the STATE in the initial stages of the project. The advance payment will be <br /> carried throughout the life of the project with final adjustment made in the final payment. <br /> 3. EXTRA WORK <br /> 3.1 In the event unforeseen conditions require an increase in the UTILITY's cost obligation of 25 <br /> percent or more from that agreed to on Exhibit B, the parties agree to amend this AGREEMENT to cover <br /> said increase. <br /> 3.2 In the event it is determined that any change from the description of work contained in this <br /> AGREEMENT is required, approval must be secured from the UTILITY prior to the beginning of such work. <br /> All changes that include an increase in cost shall require a written approval. <br /> 3.3 Reimbursement for increased work and/or a substantial change in the description of work shall <br /> be limited to costs covered by a written modification, change order, or extra work order approved by the <br /> UTILITY. <br /> 4. SALVAGE <br /> 4.1 All materials removed by the STATE shall be reclaimed or disposed of by the STATE and shall <br /> become the property of the STATE. If the UTILITY desires to retain these materials and the STATE <br /> concurs, the UTILITY shall reimburse the STATE an amount not less than that required by the Federal-Aid <br /> Policy Guide-23 CFR 645A Subpart A. <br /> 13 <br /> PAGE-2 of 4 AGREEMENT UT 01100 <br />