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<br /> 4. CTEC agrees to provide a copy of its bid tabulation sheet <br /> signed by its consulting professional engineer. <br /> 5. CTEC agrees to require that the contractor awarded the bid for <br /> the project be required to execute Performance and Payment Bonds naming <br /> the City as joint obligee with CTEC. <br /> 6. City agrees to pay to CTEC an amount equal to the difference <br /> between the total cost of construction of the improvements less the <br /> estimated cost of construction of a four (4) inch diameter force-main <br /> wastewater line along the same route, not to exceed $148,000.00, within <br /> ninety (90) days of its acceptance of the improvements. City further <br /> agrees to not unreasonably withhold its acceptance of the improvements. <br /> 7. City agrees to, at no cost and expense to CTEC inspect the <br /> construction of the improvements as construction progresses and to <br /> finally inspect the improvements and accept them for maintenance within <br /> fourteen (14) days of receipt of notice of completion of construction. <br /> City further agrees that approval of construction will not be <br /> unreasonably withheld or denied. <br /> 8. CTEC agrees to complete, or cause the completion of the <br /> improvements and the restoration of all property in accordance with the <br /> terms of applicable state permits and utility easements not later than <br /> 160 days after execution of this Agreement by the City. The City and <br /> CTEC agree in this regard that time is of the essence and that, should <br /> CTEC fail to meet this deadline, CTEC agrees to credit the City against <br /> amounts otherwise owed the sum of $250.00 for each day or portion <br /> thereof after the deadline that the improvements are not completed. <br /> 9. This Agreement and the provision of wastewater capacity shall <br /> be subject to all valid and applicable rules, regulations, laws, <br /> agreements, and court judgments of or with the United States of <br /> America, the State of Texas, or any governmental body, agency or court <br /> having lawful jurisdiction thereof, so long as such do not have the <br /> effect of voiding or negating the rights and obligations of the parties <br /> 1ereunder. <br /> 10. This agreement together with the Exhibit attached hereto, <br /> constitutes the entire agreement between the parties hereto and may not <br /> be amended except by a writing signed by both parties. This Agreement <br /> shall be binding upon the heirs, administrators, successor and assigns <br /> of the parties, provided, however, no assignment of this Agreement <br /> -2- <br />