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amendment to this Notice to Proceed will be executed reflecting the <br />agreement to incur such additional estimated costs and Customer shall <br />deposit the Additional Funds with the Company. Company shall do no <br />further Work and incur no further expenses unless or until such <br />amendment to this Notice to Proceed is executed. If no such amendment <br />and deposit are achieved, all obligations of Company under this Notice to <br />Proceed shall terminate. <br />4. Customer may direct Company at any time, through written <br />correspondence, to cease the Work under this Notice to Proceed. In such <br />event, the Project Account balance, if any, will be returned to Customer <br />after all reasonable and necessary charges spent for the Work have been <br />deducted from the Project Account balance. <br />5. This Notice to Proceed does not obligate Company to alter, relocate or <br />construct any of the Company's transmission facilities. Customer <br />understands that Company is under no obligation to construct any facilities <br />for the Project until after the Relocation Agreement is executed by <br />Company and Customer and any deposits required thereunder have been <br />paid. <br />6. The Parties hereto agree that this Notice To Proceed shall constitute the <br />entire agreement and understanding between the Parties hereto with <br />regard to the subject matter expressly provided for herein. The Parties <br />hereto are not bound by or liable for any statement, representation, <br />promise, inducement, understanding, or undertaking of any kind or nature <br />(whether written or oral) with regard to the subject matter hereof not set <br />forth or provided for herein. <br />7. Nothing in this Notice to Proceed will relieve either Party of its obligation to <br />negotiate a Relocation Agreement in good faith to mitigate the facilities to <br />accommodate the predicted surface subsidence caused by the Sage <br />Creek mines. <br />8. Either Party may assign this Notice to Proceed to an affiliate without the <br />other Party's consent. In all other circumstances, neither party may <br />assign this Notice to Proceed without the other Party's prior written <br />consent. <br />9. This Notice to Proceed will terminate on the earlier of (a) termination of <br />this Notice to Proceed in accordance with Section 3 (above), (b) <br />termination of this Notice to Proceed in accordance with Section 3 <br />(above), or (c) the effective date of the Relocation Agreement executed by <br />the parties. <br />The Customer at its sole expense shall: <br />