6920 SEAWAY BLVD 2018-01-01 MF Import

r 4. Within thirty (30) days following the execution of this agreement, Boeing shall provide to Fluke a drawing or schematic indicating the areas encompassed by Tract B and an approximation of the manner in which Boeing intends to divert the surface waters thereof to the Conduits. 5. All of the costs and expenses in:urred by Fluke in connection with the construction, installation, alteration, repairing and maintenance of the Conduits, the Reservoir and the connections of the Reservoir to the storm sewers shall be allo- , cated on a yearly basis between the parties hereto in the same i ratio as their maximum permitted input flow to the Reservoir, which ratio the parties hereby recognize and agree to be 32% for Fluke and 68% for Boeing. Notwithstanding the for.egoing, each party hereto shall be respoiisiblr and pay for any damages caused by virtue of its own negligence or the negligence of its agents, ' employees, lessees, invit�es and licensees, and by virtue of the failure of any �;:� such persons to comply with the terms and conditions of this agreement. 6. In the event any permits, licer.ses or approvals are required from any state or local governmental authority or agency in order to construct, maintain or use tha Conduits or Reservoir in the manner intended hereby, the parties hereto agree to cooper- ate in obtaining such licenses, permits and approvals, and the costs thereof shall be borne by the parties in accordance with their respective percentages set forth in paragraph numbered 5 hereto. 7. In the event either party hereto shall not comply with any of the terms of this aqreement, and such noncompliance results in' the imposition of any requirements of any governmental agency or authority, the noncomplying party shall be solely responsible -3-