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elevation which is the highest water elevation approved by the SEO for the <br /> permanent(not temporary routing storage flow)storage of water behind the dam. <br /> vii. Should at any time during the term of this Construction Agreement the <br /> expected Reservoir capacity or the expected Delivery Date change substantially <br /> from that communicated to Owner, Contractor shall promptly notify Owner of <br /> such changes. Contractor agrees to make all commercially reasonable efforts to <br /> meet the expected Delivery Date. <br /> G. Warranty <br /> Contractor shall warrant the design, installation, and construction of the <br /> earthwork, dikes, and other Reservoir facilities constructed by the Contractor as <br /> suitable for their intended purpose upon Delivery of the Reservoir or a Ce/I.- <br /> L For a period of twelve (12) months after the Delivery Date, if Owner does <br /> not at any time store water in an amount of at least 75% of the Useable Active <br /> Storage Capacity, or <br /> Ji. For a period of twelve (12) months after the first fill of at least 20% of the <br /> Useable Active Storage Capacity, but in no case longer than 24 months after the <br /> Delivery Date of the Reservoir or a Cell. <br /> H. Additional Warranties <br /> Contractor shall assign to Owner upon Delivery for the water Storage any and all <br /> warranties received by Contractor from its contractors and subcontractors which <br /> pertain to the Reservoir or a cell and shall cooperate with Owner in the event it <br /> becomes necessary for Owner to enforce such warranties. Should said <br /> warranties not be assignable without the warrantor's consent, Contractor and <br /> Owner shall use their reasonable best efforts to obtain that consent. For any <br /> contracts or agreements entered into by Contractor subsequent to the execution <br /> of this Construction Agreement, Contractor shall require that any warranties <br /> contained in such agreements or contracts shall be assignable by Contractor to <br /> Owner. <br /> 10. Completion of Mining: Contractor shall notify Owner at such time as the mining <br /> of each cell on the Property is completed and will cause the pit to be dewatered <br /> so that the Storage capacity may be accurately determined. Contractor will <br /> obtain all permits necessary to dewater the pit, including any temporary <br /> substitute water supply plan as may be required by the State or Division <br /> Engineer. <br /> 11. Timing and Calculation of Final Water Storage Contract Amount and <br /> Payment: The Contract Amount ("Contract Amount") for each Cell delivered <br /> Construction Agreement—Zadel(v.4-24-08) <br /> 16 <br />