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These contingencies are for the sole benefit of the District and may be waived or <br />exercised in its sole discretion. <br />1. Should all such contingencies have been met and the District fails to perform <br />under this Agreement after the Closing Date, the District shall immediately reimburse the City, <br />upon written request and documentation by the City, for all option costs associated with the <br />City's performance of obligations delineated in this Agreement. <br />9113 Mti1� <br />•�.E. �° i�, i. <br />A. Except as otherwise, the District is responsible to pay all costs for the design and <br />construction of the Facility, including but not limited to building permit fees. <br />B. The City shall be responsible for all costs incurred in the design, engineering and <br />construction of the sanitary sewer system improvements contemplated by this Agreement. The <br />District's sole financial responsibility for such improvements shall be the payment of those <br />charges as provided in Article I, paragraphs B and I, and Article III, paragraph A. <br />C. The City and District understand that the primary and predominant purpose of the <br />Facility and Property is for programs and services that support and advance, directly or <br />indirectly, early childhood educational programming and activities. The City and District shall <br />jointly determine location of public sidewalks, pathways, promenades, and public parking. <br />D. To the greatest extent practicable, the District and the City agreed to work <br />together to effect positive community and local business opportunities and activities. <br />E. Notices required to be given under this Agreement shall be given to the following <br />official recipients: <br />8 <br />