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Port Gardner Bay Outfall Replacement Agreement <br /> When Written Other Requirements <br /> Notice <br /> PRE CONSTRUCTION <br /> Prior to the award of construction At least thirty Terminating Participant conveys to <br /> contract if the expected Joint Use (30) days non-terminating Participant all <br /> Facilities Cost exceeds Twenty prior to rights of way, easements, <br /> Million Dollars ($20,000,000.00). award of engineering drawings, and <br /> construction information, materials and interests <br /> contract acquired so that the non-terminating <br /> Participant may proceed to <br /> construct the Joint Use Facilities for <br /> its own use. <br /> If, after Participants use their best Termination Terminating Participant shall <br /> efforts to obtain acceptable project may be convey to non-terminating <br /> permits, construction permits for the affected Participant all rights of way, <br /> Joint Use Facilities are not issued or within thirty easements, engineering drawings, <br /> environmental permit conditions on (30) days and information, and materials and <br /> project permits cause the Joint Use after the interests acquired so that the non- <br /> Facilities to become impractical, final, non- terminating Participant may <br /> infeasible or not cost-effective in the appealable proceed to construct the Joint Use <br /> reasonable discretion of a Participant. rejection of a Facilities for its own use. <br /> necessary <br /> permit or <br /> imposition of <br /> one or more <br /> unacceptable <br /> permit <br /> conditions . <br /> If, in the reasonable discretion of a Termination Participants will use their best <br /> Participant, any condition of that may be efforts to obtain an acceptable <br /> Participant's NPDES or other effected permit prior to termination. <br /> environmental permit related to the within thirty Terminating Participant shall <br /> K-C Mill or POTW causes (30) days convey to non-terminating <br /> investment by that Participant in the after the Participant all rights of way, <br /> Joint Use Facilities to not be final, non- easements, engineering drawings, <br /> advantageous or cost-effective. appealable and information, and materials and <br /> imposition of interests acquired so that the non- <br /> one or more terminating Participant may <br /> unacceptable proceed to construct the Joint Use <br /> permit Facilities for its own use. <br /> condition. <br /> 28 of 46 <br />