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18 <br />43 <br />Budget is adopted. The Owner -Participant shall coordinate the Annual <br />O&M Budget with its tlieir respee`ive budget processes. <br />12.1.2 <br />The Non -Owner Participant(sl The Oi4y shall reimburse the Owner -Participant � <br />for operations and maintenance costs by paying to the Owner -Participant 1�:-G its <br />proportionate share of the Annual O&M Budget which share shall correspond to the <br />CAy-'-s Non -Owner Participant's percent interest in the Capacity of the Joint Use <br />Facilities `:�a'll 49.50%) or such otherVercenta�e of costs as all parties shall agree <br />Won. Such payments will be made quarterly under 12.1.2 in accordance with invoices <br />tendered by the Owner -Participant Imo. <br />12.1.4 <br />Section 12.1.4 of the Joint Use Agreement is hereby terminated and shall be of no <br />further force or effect. <br />12.2 <br />Upon completion and final acceptance of the construction, K -G the Owner -Participant <br />shall operate and maintain the Joint Use Facilities in compliance with applicable laws, <br />regulations, and this Agreement. To enable coordination among operating personnel, <br />foster communication between the Participants and provide oversight, the PRT may <br />draft, and approve an Operations Manual. Changes or modifications to the Operations <br />Manual must be approved by the PRT prior to becoming effective. K -G The Owner- <br />Partidpant shall operate and maintain the Joint Use Facilities for the benefit of the <br />Participants, and in compliance with any Operations Manual. <br />12.4.1 <br />The Participants K G and the City -will each hold separate NPDES permits with <br />specific requirements pertaining to their respective effluent. The Participants 14 G and <br />the-C&u-will each monitor their respective effluent streams separately prior to their <br />respective effluent streams being combined and discharged through the Joint Use <br />Facilities. Each Participant will be responsible for compliance of their respective <br />effluents with applicable laws, regulations, and permits. If the combined discharge <br />approaches or exceeds pen -nit conditions or if the Outfall fails or is in danger of failing <br />to perforin as permitted, the Participants will cooperate 4-Ifeug'' the PR -T to identify the <br />cause of the problem. <br />12.4.3 <br />If responsibility for an environmental problem is ambiguous, cannot be reasonably <br />allocated or is apparently and substantially caused by both Participants' effluent, each <br />Participant will pay its proportionate share of the cost of corrective or remedial actions, <br />including any modification to the Joint Use Facilities, which share shall correspond to <br />each Participant's Tr G's and the Gity's percentage interest in the Capacity of the Joint <br />Use Facilities(iftitiallj"=:,0coc and 49.5946 res ,eeti•, ely) Any corrective actions needed <br />upstream in either of the Participant's Other Facilities will be borne by that Participant <br />(unless one Participant is correcting the other Participants' problem). In the event a <br />Participant must pay any fine or judgirnent or take corrective action that is caused in <br />whole or in part by the other Participant, then that Participant may make a claim <br />against the other Participant under Article 19 (Indemnity). <br />14 <br />Section 14 of the Joint Use Agreement is hereby terminated and shall be of no further <br />force or effect. <br />15.1.2.1.1 <br />Section 15.1.2.1.1 of the Joint Use Agreement is hereby terminated and shall be of no <br />further force or effect. <br />18 <br />43 <br />