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B. Entitlements. Each Producer shall obtain at its expense all land use <br />entitlements necessary to construct the Treatment System(s). <br />C. Property Conditions for OCWD-Built Treatment System. If a <br />Producer chooses an OCWD-Built Treatment System, then OCWD will have no obligation to <br />design or construct the Treatment System until a Producer has demonstrated it has obtained lands <br />and land use entitlements sufficient to permit construction of the Treatment System. OCWD may <br />begin final design work for facilities where land use entitlements are in the process of being <br />obtained. If a Producer is unable to obtain the necessary entitlements within twelve months after <br />the completion of the preliminary design for an Impacted Well, then Producer shall reimburse <br />OCWD for reasonable design costs associated with that location unless the twelve month deadline <br />is extended by mutual agreement of the Parties. <br />4.5 OCWD-Built Facilities. The provisions of this Section 4.5 apply to PFAS <br />treatment facilities that a Producer elects to have OCWD design and build. <br />A. Design. OCWD will consult with and seek input from the Producer <br />on the design and construction of the Treatment System, including the need for any extended <br />manufacturer's warranties on Treatment System components. Producer shall support and assist <br />OCWD in hiring design consultants and designing the Treatment System, but OCWD will have <br />the reasonable authority and discretion in determining the Treatment System final design. The <br />level of treatment selected by OCWD must allow the Producer to treat regulated PFAS to comply <br />with RLs or MCLs, unless special circumstances dictate an alternative approach. Additions or <br />enhancements to the Treatment System are subject to section 3.4. <br />B. Property Rights. A Producer shall provide OCWD with temporary <br />property rights over any site necessary for construction, staging, and laydown for the Treatment <br />System project. These temporary property rights will be in the form of a license or temporary <br />construction easement, or other property right sufficient to provide for OCWD's control of the site <br />during construction. <br />C. Advertising and Award of Construction Contracts. OCWD shall <br />advertise, where required by the OCWD Act, and award construction contracts for construction of <br />the Treatment System. A Producer shall support and assist OCWD in these efforts, and shall <br />expeditiously provide any documents necessary for construction at no charge to OCWD. <br />D. Administration and Inspection. OCWD will administer the <br />necessary contracts to construct the Treatment System, including reviewing and responding to <br />contractor requests for information or requests for clarification, reviewing and approving shop <br />drawings, and filing a Notice of Completion. OCWD shall provide all construction and inspection <br />for the Treatment System. <br />E. Transfer of Treatment System. Upon filing the Notice of <br />Completion for the Treatment System, OCWD will transfer the constructed and operating <br />Treatment System to the Producer with an appropriate legal instrument and a quitclaim of any <br />property rights obtained under Section 4.4. OCWD shall provide the Producer with copies of all <br />applicable O&M manuals and record drawings for the Treatment System in OCWD's possession. <br />2629/022499-0087 <br />14979764.1 a04/17/20 -6- <br />