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3.02 Construction Reimbursements. As stated above, the County shall be responsible <br />for all costs associated with the construction of the Project with the exception of the construction <br />costs related to the proposed improvements near the De Zavala Drive cross -street, which include <br />the adjustment of one manhole lid, adjustment of three water value covers, construction of one <br />concrete trench cap, and construction of a sidewalk between De Zavala Drive and Hilltop Drive. <br />Construction costs for these proposed improvements are $269,366.00 and are shown on Exhibit C. <br />Reimbursement for these costs will be made within 30 days after the City's receipt of an invoice <br />from Hays County. Construction costs for any changes requested by the City during construction <br />shall be negotiated with the County and be addressed in an Amendment to this Interlocal <br />Agreement, as appropriate. <br />3.03 Utility Acquisition Reimbursement. As noted above, the County will acquire an <br />additional easement that will be the cost responsibility of the City. The estimated costs associated <br />with this additional easement are anticipated to be $20,000.00 The additional easement to be <br />acquired by the County is shown on Exhibit E. Reimbursement by the City for the cost of this <br />additional easement will be made within 30 days after the City's receipt of an invoice from the <br />County. <br />IV. <br />DISPUTES <br />4.01 Material Breach; Notice and Opportunity to Cure. <br />(a) In the event that one Party believes that another Parry has materially breached one <br />of the provisions of this Agreement, the non -defaulting Party will make written demand to cure <br />and give the defaulting Party up to 30 days to cure such material breach or, if the curative action <br />cannot reasonably be completed within 30 days, the defaulting Party will commence the curative <br />action within 30 days and thereafter diligently pursue the curative action to completion. <br />Notwithstanding the foregoing, any matters specified in the default notice which may be cured <br />solely by the payment of money must be cured within 10 days after receipt of the notice. This <br />applicable time period must pass before the non -defaulting Party may initiate any remedies <br />available to the non -defaulting party due to such breach. <br />(b) Any non -defaulting Party will mitigate direct or consequential damage arising from <br />any breach or default to the extent reasonably possible under the circumstances. <br />(c) The Parties agree that they will negotiate in good faith to resolve any disputes and <br />may engage in non-binding mediation, arbitration or other alternative dispute resolution methods <br />as recommended by the laws of the State of Texas. <br />4.02 Equitable Relief. In recognition that failure in the performance of the Parties' <br />respective obligations could not be adequately compensated in money damages alone, the Parties <br />agrees that after providing notice and an opportunity to cure in accordance with Section 4.01 <br />above, the Parties shall have the right to request any court, agency or other governmental authority <br />of appropriate jurisdiction to grant any and all remedies which are appropriate to assure <br />3 <br />