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A-2 <br /> <br />3. Cost. The engineer’s opinion of cost of the Project is $735,000 including <br />construction costs and an allowance for construction contingency and soft costs. <br />RWMWD shall be responsible for all construction costs of the Project. Little <br />Canada’s contributions to the Project shall consist of allowing construction of the <br />Project on the Property. <br /> <br />4. Design and Construction of the Project. RWMWD shall be responsible for the <br />design and construction of the Project and the parties agree as follows: <br /> <br />a. RWMWD shall plan and design, advertise and receive bids, award the contract, <br />administer the construction and conduct inspections of the Project. <br /> <br />b. Little Canada grants to RWMWD the right to use the Property for the Project. <br />Little Canada agrees to cooperate with RWMWD in the construction and <br />completion of the Project. <br /> <br />c. RWMWD and Little Canada agree to notify and coordinate access and other <br />matters regarding the construction schedule of the Project. <br /> <br />d. RWMWD shall ensure that its contractor shall name Little Canada as an <br />additional insured. <br /> <br />5. Indemnity and Liability. Each party agrees to indemnify and hold harmless the <br />other from any claims, losses, costs, expenses or damages, including reasonable <br />attorney fees, resulting from the acts or omissions of the respective officers, agents <br />or employees of the indemnifying party to the extent such acts or omissions relate <br />to activities conducted by the indemnifying party under this Agreement or in the <br />construction of the Project. Nothing herein shall be deemed a waiver of any <br />statutory or common law limitations on liability available to either of the parties <br />and no third party may stack claims against both parties. <br /> <br />6. Operations and Maintenance. Operations and maintenance of the Project <br />constructed pursuant to the Project will be the sole responsibility of RWMWD for <br />2025 and 2026. Little Canada grants RWMWD and their maintenance contractors <br />the right to enter onto their property and to inspect and maintain the Project on <br />Little Canada property. Little Canada will continue to operate and maintain the <br />existing irrigation system. RWMWD will coordinate maintenance with Little <br />Canada and its operation of the irrigation system. In exchange, RWMWD agrees <br />not to cause any damage to the property. If damage occurs as a result of <br />RWMWD’s actions, RWMWD shall repair the property to the same or similar <br />condition. Beginning in 2027, operations and maintenance of the Project will be <br />the sole responsibility of Little Canada to maintain for a period of 20 years as <br />required by RWMWD. Little Canada will continue to operate and maintain the <br />Project unless and until it becomes unusable/unrepairable, in Little Canada’s sole <br />discretion. Or, if new technology becomes available that would be more