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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 incurred 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 />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 withhold. 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 Riehts 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 give to COSTA MESA within thirty (30) days of <br />the effective date of this Agreement, the Advanced Expended Funds totaling Ono <br />Million and One Hundred Thousand Dollars ($1,100,000,00). <br />3. SANTA ANA shall review all requests for progress payments for the Formed 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 PUTIES': <br />1. Responsibilities, Obligations and Mutual Indemnity; <br />a, GOVERNING LAW & VENUE , This Agreement shall, be governed by and <br />construed under the laws of the State of California. In the event of any legal action <br />to enforce or interpret this Agreement, the solo and exclusive venue shall be a court <br />Page 3 of 12 <br />20A-7 <br />