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construction/installation of the Forced Sewer Main Pipeline; and if such determination <br />is made before construction begins, but after COSTA MESA'S contractor bid for and <br />was awarded the contract, then COSTA MESA shall withhold from reimbursement the <br />costs inured by its contractor to secure the award of contract for the Forced Sewer <br />Main Pipeline work that will not be going forward and for related claims by the <br />contractor. <br />2. COSTA MESA shall reimburse SANTA ANA, without interest, the COSTA MESA's <br />portion of the Advanced Expended Funds of $600,000 on or before January 31, 2017. <br />3. Change orders associated with the Forced Sewer Main Pipeline must receive the <br />written approval of the City Engineer of SANTA ANA prior to implementation, which <br />approval shall not be unreasonably withheld. SANTA ANA shall have a minimum of <br />five (5) working days to review and approve change orders. <br />4. COSTA MESA shall provide SANTA ANA final record drawings for the Forced <br />Sewer Main Pipeline portion of the Bristol Median Project within sixty (60) days of the <br />completion and acceptance of construction. <br />B. SANTA ANA Rights and Duties: <br />1. SANTA ANA shall have the right to enter and inspect the Forced Sewer Main <br />Pipeline and the Bristol Median Project at all times for the purposes of overseeing <br />COSTA MESA; lead agency functions and the work being performed by COSTA <br />MESA's contractor, provided however, SANTA ANA shall indemnify, defend, and <br />hold harmless COSTA MESA from any and all claims of damages or injury to <br />SANTA ANA representatives while on the project premises <br />2, SANTA ANA shall transfer and eive to COSTA MESA within thirty (30) days of <br />the effective date of this Agreement, the Advanced Expended Funds totaling One <br />Million and One Hundred Thousand Dollars ($1,100,000.00). <br />3. SANTA ANA shall review all requests for progress payments for the Forced Sewer <br />Main Pipeline; and shall approve or disapprove said request with five (5) business <br />days of receipt of same by SANTA ANA. SANTA ANA shall timely provide <br />necessary information and/or documents to substantiate its disapproval of a progress <br />payment request. <br />C, JOINT RIGHTS AND DUTIES: <br />1, Responsibilities, Obligations and Mutual Indemnity: <br />a. GOVERNING LAW & VENUE - This Agreement shall be governed by and <br />construed tinder the laws of the State of California. In the event of any legal action <br />to enforce or interpret this Agreement, the sole and exclusive venue shall be a court <br />Page 3 of 12 <br />20 B-43 <br />