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Port Gardner Bay Outfall Replacement Agreement <br /> total actual expenses incurred by K-C related to the permitting, procurement, design, and pre- <br /> construction of the Joint Use Facilities. <br /> 5.2 After K-C issues the notice to proceed to the contractor for construction of the Joint Use <br /> Facilities, K-C shall invoice the City, and the City shall pay K-C, an amount equal to one <br /> hundred percent of the construction costs incurred until the City has paid K-C a total cumulative <br /> amount equal to 49.5% of the Construction Budget. Once the City has paid K-C such amount, <br /> K-C shall pay the balance of the construction costs; provided however, K-C may invoice the City <br /> an amount equal to 49.5%of the total for change orders approved by the PRT under Section <br /> 11.2.2.2 when K-C begins paying the balance of construction costs. <br /> 5.3 Upon final acceptance of the Joint Use Facilities or the Joint Use Facilities being placed <br /> in service for the City's effluent, K-C shall invoice the City for the difference between(a) the <br /> amount paid by the City under Sections 5.1 and 5.2 and the City's 49.5 % share of the actual and <br /> final Joint Use Facilities Cost. <br /> 5.6 Notwithstanding the terms of this Section 5, legal fees shall be invoiced by Preston Gates <br /> &Ellis LLP, project counsel, directly to each Participant, and will be paid directly by each <br /> Participant. <br /> 6. TERM <br /> The Initial Term of this Agreement shall be fifty (50)years. At the end of the Initial Term and <br /> each additional term, this Agreement shall automatically renew for an additional term of five (5) <br /> years unless terminated by either Participant in accordance with Section 13.1 (Termination) or <br /> Section 12.5 (Decommissioning). <br /> 8 of 46 <br />