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<br />share or GenerJ.! Pipeline cis. minus preconstrUction costs. as defintherein (excluding any costS <br />for oper:uion and maintenance). <br /> <br />6. Char!!es and Cosrs. <br /> <br />:1. <br /> <br />Allocree has previously agreed to pay S I ,80 I ,000 as its pro rata share of the Pipeline <br />pre-:onstrUction costs incurred for administration, preliminary and [mal design. <br />environmental evaluations and other necessary irems. Of this mnount. AlIonee has <br />already paid 51.801,000, <br /> <br />.., <br /> <br />b. In recum for the perpemal, exclusive allocation and use of Pipeline capacity as <br />described in this Contract. subject to the terms and conditions of this Concracr and <br />as provided in COR-S, 99 37-45-101 er sea" as amended, Allone:: snall pay to the <br />SWSP Enterprise AlIonee's Construction Costs in the total amount of511,611,236 <br />upon the execution of this Contract by AlIonee. <br /> <br />1. Upon payment of Allottee's ConstrUction Costs, Allonee shall also l) pay the <br />SWSP Enterprise five percent (5%) of the AlIonee's ConstrUction Costs to <br />be used by the SWSP Enterprise to pay for additional preconstrUction cOSts <br />not included in the payments set forth in paragraph 6.a. above, if any, and to <br />pay for change orders under the constrUction contracts made necessary by <br />changed or unforeseeable conditions, delays or other claims by the <br />contractors (provided thar the SWSP Enrerprise shall reasonably pursue <br />claims a"crainsr third parries who may be liable for part or all of said delays or <br />claims) and 2) shall deposit in an interesr bearing escrow account rnumally <br />acceptable to the SWSP Enterprise and the Allorree an additional five percent <br />(5%) of the Allottee's Construction Costs (or Allonee <br />shall deposit such amount in twelve (12) equal <br />monthly installments, at its option, <br />commencing on the date of payment of the <br />Allottee's Construction COSts) to be released <br />upon rnumal agreement of the SWSP <br />Enterprise and Allottee forpaymenr of change <br />orders or other charges for Pipeline <br />construction. The escrow account shall be <br />terminated and any unused funds returned to <br />the AlIonee, and the SWSP Enterprise shall <br />refund to the AlIonee any portion of the five <br />percent (5%) paid to the SWSP Enterprise <br />pursuant co irern I) .above that is not used, <br />when construction of the Pipeline has been <br />finally completed. all contractors have been <br />finally paid and ill claims have been settled. <br /> <br />. .\1ANAGE~ENT/AGR&2v1ENTSlALL.OTMNT.F'vlG 9 <br />