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<br />or condition of the Project facilities during construction of the Project. Upon completion of the <br />Project, the City will assume responsibility for the maintenance and repair of the City <br />Improvements to the extent and in the same manner as other like facilities within the City. <br /> <br />11. The County may make such changes and amendments to the drawings and specifications <br />within the general scope of the approved PS&E as the County Engineer deems necessary or <br />desirable during construction of the Project. <br /> <br />12. Either the County or the City may terminate this Agreement, without cause, at any time <br />prior to the letting of the Contract for construction of the Project, by written notice to the other <br />patty. After termination, neither party shall have any further obligations hereunder, except as <br />follows: County shall return to the City any funds which the City has paid to the County <br />hereunder less the costs attributable to City Improvements incurred prior to such termination, <br />together with the interest earned on such returned funds; or, if the City has not yet paid any funds <br />to the County hereunder, the County shall notify the City of the amount of costs attributable to <br />City Improvements incurred prior to such termination, and the City shall, within thirty days after <br />such notice, deliver its check to the County in an amount equal to the sum of the costs <br />attributable to City Improvements incurred prior to termination. After termination of this <br />Agreement, the County may continue, at its option, with construction of the Project, with or <br />without the City Improvements. <br /> <br />13. Not withstanding any other provision of this Agreement, it is expressly understood and <br />agreed that County is not obligated to expend more than the maximum sum of $11,927,620.95 to <br />satisfy its obligations under this Agreement, and the City is not obligated to expend more than <br />the maximum sum of $307,099.24 to satisfy its obligations under this Agreement, but either <br />party may at its option make further funds available. <br /> <br />14. The City and its authorized representatives shall have the right to review and audit all <br />books, records, vouchers and documents of whatever nature related to County's performance <br />under this Agreement during the period of performance of this agreement and for three (3) years <br />thereafter or for so long as there exists any dispute or litigation arising from this agreement. <br /> <br />15. No party hereto shall make, in whole or in part, any assignment of this agreement or any <br />obligation hereunder without the prior written consent of the other parties hereto. <br /> <br />16. All notices required or permitted hereunder shall be in writing and shall be deemed <br />delivered when actually received or, if earlier, on the third day following deposit in a United <br />States Postal Service post office or receptacle with proper postage affixed (certified mail, return <br />receipt requested) addressed to the respective other party at the address prescribed hereinbelow <br />or at such other address as the other party may have theretofore prescribed by notice to the <br />sending party. <br /> <br />4 <br />J :\ADMIN\NHudson\Agreements 201 O\SensRd- LaPorte-9-28-1 Om(2)DCW- Fina1.DOC <br />