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• i <br />~ ~ <br />ARTICLE I <br />DEFINITIONS <br />1.01 "Actual Construction Cost" for the Project is the total <br />construction cost of the Project and includes such items as the <br />following whether incurred prior to or after execution of this <br />Contract: (a) the actual cost to Houston of the engineering and <br />consulting services reasonably required for the preliminary engineering <br />and design of the Project; (b) the actual cost of engineering services, <br />inspection services and other consultant services reasonably required <br />for the construction phase of the Project; (c) the actual cost of all <br />contract and other payments for construction and acquisition of <br />- equipment and materials for the Project; and, (d) the actual costs of <br />land, easements, rights-of-way, property and persons, administrative, <br />auditing and legal expenses associated with the construction of the <br />Project, including an imputed cost when such services are performed by <br />employees of Houston. <br />- It is expressly understood that Actual Construction Cost shal.l-~not <br />include expenses associated with financing the Project which expenses <br />are to be borne by the party incurring them or as hereafter otherwise <br />'~~`~' provided. It is further expressly understood that the Authority xill <br />not be charged as part of the Project Construction Cost, the cost of <br />any obligation or liabilities incurred as a result of negligent acts or <br />omissions on the part of Houston, its employees or agents in the <br />.construction of the Project. <br />1.02 "Actual Production Constrnetivn boat" is tht !lctnal <br />Construction Cost of the Project less the Actual Pumping Construction <br />Cost. <br />1.03 "Actual Pumping Construction Cost" is the total <br />"~ construction cost of treated water storage and treated Water--pg <br />- ~' '"`".~facil3ties associated with the Project. .. <br />1.04 "Billing Period" means a three (3) month period ea~ng <br />at 8:00 o"clock a.m. on the first day of October, January, April and <br />July or such other three month periods mutually agreeable to the <br />..Director and the Authority. <br />1.05 The term "CIWA" means the Coastal Industrial Water <br />Authority whiek~ name has been subsequently changed to "CWA" (Coastal <br />Water Authority), and the terms are used interchangeably herein. <br />1.06 "Demand Allocation Factor" is the percentage of the <br />Production Capacity which a participant (either Houston or the <br />Authority, or any other participant defined by separate contract) is <br />entitled to use at any given time. <br />2 <br />