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<br />JLfbG <br /> <br />4.05 TETCO represents, warrants and agrees that it will <br /> <br />promptly and timely pay to the SMCISD1 TETC0/s share of all costs <br /> <br />and expenses to be paid under the terms of this Agreement. <br /> <br />ARTICLE 5 <br /> <br />OBLIGATIONS OF SMCISD <br /> <br />5.01 The parties hereto hereby acknowledge and agree that the <br /> <br />SMCISD has certain obligations which are unique to the SMCISD under <br /> <br />the terms of this Agreement. SMCISD hereby agrees to perform said <br /> <br />obligations in addition to any and all other obligations of SMCISD <br /> <br />as set forth herein as part of its obligations and agreements under <br /> <br />the terms and provisions of this Agreement. <br /> <br />5.02 SMCISD agrees to serve as the Project Manager for the <br /> <br />construction of the Project as described in this~Agreement, and <br /> <br />agrees to perform the services of the Project Manager as set forth <br /> <br />in this Agreement. <br /> <br />5.03 SMCISD shall dedicate certain easements, as described in <br /> <br />the plats which are attached hereto as Exhibits "D" and "E", which <br /> <br />are necessary for the construction of the proj ect and for the <br /> <br />approval of said plats. <br /> <br />5.04 SMCISD agrees to execute and sign the plats attached <br /> <br />hereto as Exhibits "D" and "E" so that said plats can be finally <br /> <br />approved by the City. <br /> <br />5.05 SMCISD warrants that it has the full power and authority <br /> <br />to enter into this Agreement and fulfill its obligations hereunder, <br /> <br />and that it has funds readily available to meet its obligations <br /> <br />under this Agreement. <br /> <br />Tri-party Agreement for <br />Utility and Road Improvements <br /> <br />8 <br />