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issuance of a completion report by the Engineer of Record for the Slurry Wall. <br /> together with an approved leak test, by the Colorado office of the State Engineer. <br /> The Lessor Contribution shall satisfy all of Lessor's obligations in relation to the costs <br /> for any design, inspection and construction of a slurry wall without an underdrain <br /> system,and the costs ofany increase in the bond required by the ORMS. <br /> 4. Construction Plans. Within ten (10) days of Lessee's receipt of the Initial <br /> Payinent, Lessee shall engage a design engineer to oversee the slurry wall and pond <br /> design process. Lessor and Lessee shall jointly consult with the design engineer and <br /> use good faith efforts to select either the One Pond Plan or Two Pond Plan. Following <br /> the Parties agreement upon either the One Pond Plan or the Two Pond Plan. Lessee will <br /> promptly and diligently pursue the design and creation of construction plans for the <br /> Slurry Wa!1 and pond or ponds (the "Construction Plans"). Lessee shall provide the <br /> drab Construction Plans to Lessor for review and comment and the parties slutil use <br /> good faith efforts to agree upon final construction plans as soon as practical thereafter. <br /> S. Plan Amcjments. Should the Construction Plans call for completion of <br /> the Onc Pond Plan, Lessor shall apply for a technical revision to the DRMS Permit, <br /> seeking approval of the change to the Reclamation Plan to accommodate the One Pond <br /> Plan. Lessor shall also he responsible for obtaining approval of any modification to <br /> the Amended PUS,as needed. <br /> 6. Slurry Wall anPynd Construction. <br /> a. Good and Workmanlike Manner. Lessee shall contract with a third party <br /> contractor (the "Contractor") for construction of the Slurry Wall and pond or <br /> ponds(the"Murry V\'all Work) in a good and workmanlike manner in accordance <br /> with the amended Reclamation Plan, the Construction Plans, and all laws, rules, <br /> regulations,ordinancees, codes, statutes and guidelines relating to the performance <br /> of the Slurry Wall Work <br /> h. Payment r f Project Costs. Lessee, at its sole cost and expense. subject to <br /> payment by Lessor pursuant to Section ?, above. shall cause the Project Costs (as <br /> heriinefier defined) to be paid in accordance with any contracts entered into by <br /> Lessee for the Slurry Wall Work.. `Project Costs" shall mean and refer to the <br /> aggregate costs associated with: (i) performing the Slurry Wall Work, including. <br /> all design and engineering ices related to the Slurry Walt Work; (ii)paying and/or <br /> satisfying all fees or impositions made under any applicable laws or regulations that <br /> may he required or imposed in connection with the Slurry Wall Work; and (iii) <br /> procuring,posting. and/or maintaining any and all bonds, letters of credit or other <br /> form of security that might be required b. DRMS or any other governmental <br /> authority in connection with the performance of the Slurry Wall Work. <br /> C. Lessee's Warranty. Lessee shall cause the Contractor to pro%ide to Lessor <br /> the same warranty pro%ided to Lessee pursuant to Lessee's contract with the <br /> Contractor. <br />