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HCFCD Agreement Number 2022-102 shall have available the total maximum sum of Two Million Nine Hundred Thousand Twenty- Three and 28/100 Dollars ($2,900,023.28) specifically allocated to fully discharge any and all liabilities that may be incurred by the District pursuant to the terms of this Agreement, and that any cost increases in the Project to be paid by the District must first be approved by Harris County Commissioners Court and certified as available by the County Auditor. VII. The City or the District may terminate this Agreement, without cause, upon thirty (30) notice to the other Party until such time as the City awards the construction contract for the Project, in which case any unspent portion of the District Contribution shall be returned to the District in a timely manner. Once the Project has started construction, if the City terminates this Agreement for any reason other than as stated in Paragraph II herein, the City will refund to the District any unspent portion of the District Contribution. VIII. Upon completion of the construction of the Project, the City shall provide the District with record drawings of the Project. The City will maintain the Project once it is complete. IX. Within thirty (30) days of completion of the construction of the Project, the City shall provide the District with record drawings of the Project. The City will conduct an accounting of all monies expended and distinguish which monies were spent on drainage and non-drainage components of the Project following the completion of the Project. The City will refund to the District its portion of any amount not spent as stated in this Agreement or any amendment to this Agreement. The City will maintain the Project to the extent and in the same manner as other like facilities within the City once it is complete. The District Contribution will go toward the drainage component(s) of the Project as defined as: site preparation, storm sewer improvements, pavement and sidewalk reconstruction, utility adjustments associated with storm sewer improvements, engineering and additional services related to the listed components. If the City spent any of the District Contribution on non-drainage components of the Project, the City will timely refund the portion of the District Contribution that it spent on non-drainage components. X. The City will cause to be inserted in the construction contract for the Project an agreement that the contractor will indemnify, defend, protect, covenant not to sue, release, and save and hold harmless the District and City and all their representatives from all suits, actions, or claims of any character brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding the work or through the use of unacceptable materials in the construction of the Project or any associated improvements, or on account of any act of omission by the contractor. The City will require its contractors to name the District and the City as additional insureds. XI. The Parties will endeavor to give each other at least seventy-two (72)-hours-notice of release of information regarding the Project to the news media, private citizens or community organizations; however, this article shall have no application to any release of information based upon approval of this Agreement or any amendment thereto by the governing bodies of the Parties. -3-