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<br />68 and insurance required for construction shall be deemed costs of construction. <br /> <br />69 ~ The COUNTY shall have the right to reimbursement in the case that <br /> <br />70 construction is not performed in substantial conformity with the approved construction <br /> <br />71 plans. Written notice shall be provided to the CITY identifying the deficient construction. <br /> <br />72 If the deficiency is not corrected the COUNTY has the right to exact payment of the item <br /> <br />73 from the total funding. <br /> <br />74 SECTION 5. COMPLETION TIME. Within five (5) years of the execution of this <br /> <br />75 AGREEMENT, the CITY shall have completed construction, although an extension may <br /> <br />76 be granted by the COUNTY for Acts of God. <br /> <br />77 <br /> <br />SECTION 6. OPERATION AND MAINTENANCE. Upon completion of <br /> <br />78 construction of the TRAIL, the CITY shall be responsible for the day to day operations. <br /> <br />79 all maintenance, and repair of the TRAIL. All maintenance and repair of the TRAIL <br /> <br />80 includes both the ground maintenance and the structural integrity in a manner <br /> <br />81 consistent with the CITY'S maintenance of its parks. <br /> <br />82 SECTION 7. PAYMENT DISPUTES. In the event a dispute occurs between the <br /> <br />83 parties concerning any portion of the plan as provided herein, then the parties shall, at <br /> <br />84 the option of either party, submit the same to non-binding mediation. This option to <br /> <br />85 pursue mediation of a dispute shall not be deemed to affect, limit, or restrict the CITY'S <br /> <br />86 legal right to pursue payment of any disputed invoice or invoices directly through the <br /> <br />87 courts. <br /> <br />88 SECTION 8. NOTICE. Any notice delivered with respect to this AGREEMENT <br /> <br />89 shall be in writing and be deemed to be delivered (whether or not actually received) <br />5/15/2006 4 <br />