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District Agreement No. 12-568 15. CITY's share of all changes in development and construction costs associated with modifications to the basic design features as described above shall be in the same proportion as described in this Agreement, unless mutually agreed to the contrary by STATE and CITY in a subsequent amendment to this Agreement. 16. Any hazardous material or contamination of an HM-1 category found within the existing SHS right of way during PROJECT shall be the responsibility of STATE. Any hazardous material or contamination of an HM-1 category found within the local road right of way during PROJECT shall be the responsibility of CITY. For the purpose of this Agreement, hazardous material of HM-1 category is defined as that level or type of contamination which must be remediated by reason of its mere discovery, regardless of whether it is disturbed by PROJECT or not. STATE shall -sign the HM-1 manifest and pay all costs for required remedy or remedial action within the existing SHS right of way, except that if STATE determines, in its sole judgment, that STATE's cost for remedy or remedial action is increased as a result of CITY's decision to proceed with PROJECT, that additional cost identified by STATE shall be borne by CITY. CITY shall sign the HM-1 manifest and pay all costs for required remedy or remedial action within the local road right of way or other property. While STATE will exert every reasonable effort to fund the remedy or remedial action for which STATE is responsible, in the event STATE is unable to provide funding, CITY will have the option to either delay PROJECT until STATE is able to provide that corrective funding or CITY may proceed with the remedy or remedial action as a PROJECT expense without any subsequent reimbursement by STATE. 17. The remedy or remedial action with respect to any hazardous material or contamination of a HM-2 category found within and outside the existing State highway right of way during investigative studies shall be addressed by CITY in the ED, PR, and, as necessary, the PS&E for PROJECT. For' the purposes of this Agreement, any hazardous material or contamination of HM-2 .category is defined as that level or type of contamination which said regulatory control agencies would have allowed to remain in place if undisturbed or otherwise protected in place had PROJECT not proceeded. Costs for any required remedy or remedial action shall be addressed in the cooperative agreement for construction of PROJECT. 18. If hazardous material or contamination of either HM-1 or HM-2 category is found on new right of way to be acquired by or account of CITY for PROJECT, CITY, shall be responsible, at CITY's expense, for all required remedy or remedial action and/or protection in the absence of a generator or prior property owner willing and prepared to perform that corrective work. 19. Remedial actions proposed by CITY on SHS right of way shall be pre-approved by STATE and shall be performed in accordance with STATE's standards and practices and-standards and practices mandated by those Federal and State regulatory agencies. 9 25H-11