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Budget is adopted. The Owner-Participant shall coordinate the Annual <br /> O&M Budget with its theirespeetive budget processes. <br /> 12.1.2 The Non-Owner Participant(s)The City shall reimburse the Owner-Participant K C <br /> for operations and maintenance costs by paying to the Owner-Participant K C its <br /> proportionate share of the Annual O&M Budget which share shall correspond to the <br /> City's Non-Owner Participant's percent interest in the Capacity of the Joint Use <br /> Facilities(initially 49.5%)or such other percentage of costs as all parties shall agree <br /> upon. Such payments will be made quarterly under 12.1.2 in accordance with invoices <br /> tendered by the Owner-Participant K C. <br /> 12.1.4 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 Upon completion and final acceptance of the construction,K C 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 C The Owner- <br /> Participant 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 The Participants K C and the City will each hold separate NPDES permits with <br /> specific requirements pertaining to their respective effluent.The Participants K C and <br /> the City 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 permit conditions or if the Outfall fails or is in danger of failing <br /> to perform as permitted,the Participants will cooperate through t e PUT to identify the <br /> cause of the problem. <br /> 12.4.3 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 K C's and the City's percentage interest in the Capacity of the Joint <br /> Use Facilities(initially 50.5%and 19.5%respectively). 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 judgment 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 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 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 />