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e e WHEREAS, the GLO has determined that shoreline stabilization is a viable option for addressing erosion on Little Cedar Bayou, and has authorized funding from the Account to finance such option; and WHEREAS, this Agreement and all attachments hereto (referred to collectively as the "Agreement"), shall set forth the terms and conditions under which the erosion response project will be completed and funded; NOW THEREFORE, in consideration of the benefits to the State of Texas, the GLO and the Qualified Project Partner enter into this Agreement and hereby agree as follows: I. EROSION RESPONSE PROJECT. 1.01. PROJECT DESCRIPTION. The parties agree to cooperatively address the erosion problem(s) identified in the Project Goal Summary by constructing a nearshore breakwater and planting marsh grasses on the shoreline behind the breakwater (the "Project"). 1.02. TASKS. The parties shall complete the Project in accordance with the Project Work Plan contained in Attachment B attached hereto and incorporated herein for all purposes. 1.03. PROJECT BUDGET. The parties agree that all expenses associated with the performance of this Agreement will not exceed the sum of One Hundred Sixty-nine Thousand Seven Hundred Eighty-four and No/lOO Dollars ($169,784.00) and will be paid in accordance with the Budget attached hereto and incorporated herein by reference as Attachment C. In the event the parties agree that additional tasks and/or funds are required for the completion of the Project, the parties shall execute an amendment to this Agreement. 1.04. COASTAL BOUNDARY SURVEY. The Qualified Project Partner agrees and acknowledges that, when required, an approved coastal boundary survey must be filed with the GLO in conformance with Texas Natural Resources Code ~33.l36, prior to commencement of the Project. II. TERM. 2.01. DURATION. This Agreement shall be effective on the date the last party executes this Agreement, and shall terminate on August 31, 2001, unless extended by mutual agreement. 2.02. EARL Y TERMINATION. This Agreement may be terminated by either party by giving written notice specifying a termination date at least thirty (30) days subsequent to the date of the notice. 2.02. DISPUTE RESOLUTION. If a contract dispute arises that cannot be resolved to the satisfaction of the parties, either party may notify the other party in writing of the dispute. If the parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written notification, the GLO may require the issue(s) be mediated. In such event, the GLO shall so notify the Qualified Project Partner and furnish the Qualified Project Partner with the names of three mediators acceptable to the GLO. Within ten (10) days of such notice, the Qualified Project Partner ".\.. \..... , , . .. 2