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Port Gardner Bay Outfall Replacement Agreement <br /> 10.2 Ownership and Acquisition <br /> 10.2.1 Joint Use Facilities <br /> Subject to the City's security interest as set forth in Section 16.1 and the option to <br /> purchase set forth in Section 16.2, K-C shall be the owner of record of the Joint Use <br /> Facilities. <br /> 10.2.2 Other Facilities <br /> Other Facilities may be obtained, provided, or constructed by a Participant or other <br /> party to facilitate the construction or operation of the Joint Use Facilities. Other <br /> Facilities will be paid for by the Participant or party providing the improvement. The <br /> cost for the development or operation of Other Facilities shall not be shared, except as <br /> may be expressly agreed by the Participants in writing. <br /> 10.2.3 Meters <br /> Each Participant shall assume the cost of installing its own meters and testing portals <br /> to measure its own flows and shall pay the operation and maintenance costs for such <br /> meters, which shall be considered Other Facilities. <br /> 10.2.4. Acquisition <br /> 10.2.4.1 All real property interests, including permanent or temporary easements and <br /> other forms of rights-of-way secured by either Participant shall be drafted <br /> and executed such that the easement or right-of-way shall run with the land <br /> for the benefit of the Participants and their successors in interest. The <br /> drawing attached hereto as Exhibit A generally and schematically depicts the <br /> route of the Joint Use Facilities and some Other Facilities. <br /> 13 of 46 <br />