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Upon the Producer's receipt of the legal instrument and quitclaim of property rights, Producer shall <br />be solely responsible for ensuring the proper operation, maintenance and repair of the Treatment <br />System. The Parties may arrange for extended warranties on any component of the Treatment <br />System, which additional cost may be paid for by the Producer, and which extended warranty will <br />be transferred to the Producer together with the transfer documents. <br />F. Warranty, Post -Construction Remedies. OCWD will make <br />construction warranty repairs and modifications not attributable to the negligence or willful <br />misconduct of Producer for one year after the date of filing of the Treatment System Notice of <br />Completion. The Parties will also, to the extent they deem prudent, jointly pursue any statutory <br />construction defect remedies against third -party designers and contractors. <br />G. DDW Permit Assistance. OCWD will support and assist the <br />Producer with technical information in modifying the Producer's DDW operating permit to <br />account for and authorize the new Treatment System as part of the Producer's public water system. <br />4.6 Construction by Producer. The provisions of this Section 4.6 apply to HAS <br />treatment facilities that a Producer elects to design and build. <br />A. OCWD Approval of Desien. The Producer shall prepare and submit <br />to OCWD for approval a conceptual design for the Treatment System. OCWD shall review and <br />approve the design in writing within 30 days, which approval will not be unreasonably withheld. <br />Once conceptual design for a Producer's proposed Treatment System is approved by OCWD, the <br />Producer will coordinate with OCWD in the planning and final design of the Treatment System. <br />The Producer shall then prepare and submit the final design to OCWD for approval. OCWD shall <br />participate in the Producer's project meetings as necessary to obtain OCWD's final approval of <br />the Treatment System in an expeditious manner so as not to delay the Producer's design and <br />construction of the Treatment System. OCWD shall review and approve the final design, if <br />deemed reasonable and effective, in writing, within 30 days. Such approval will not be <br />unreasonably delayed or withheld, though OCWD shall have the right to place reasonable <br />conditions on the final design approval. <br />B. Construction. Upon OCWD's approval of the final design, the <br />Producer shall advertise, award, and ensure timely completion of all necessary contracts to <br />construct the Treatment System. The Producer shall notify OCWD upon the award of the <br />construction contract and upon recording the Notice of Completion. <br />5. OPERATIONS, MAINTENANCE AND REPLACEMENT. <br />5.1 30-Year Term. Each Producer shall operate, maintain, and repair a <br />Treatment System, and any related Impacted Well, for the earlier of: <br />A. 30 years following the filing of the Notice of Completion; or <br />B. Until water produced from the Impacted Wells meets RLs or MCLs <br />for PFAS. <br />2629/027499-0087 <br />14979764.1 .04/17120 -7- <br />