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Sunflower contact person: Jonathan AstmaRnphone # 510-847-3549or email jastmauu@sahah es.;C%well as advising City contact person:B r ihr Dot-An at phone# cocG or email 6Ao1-An ai , of the change and cost. G it`d okT'11�S7'+Z l(-A..I&✓ b. The Parties further agree that up to a ten percent(10%) additional soft costs(e.g. surveying, etc.) shall be included as part of equally shared cost obligation in addition to the $40,755 set forth in Exhibit A and the contingency in Subsection a., above. i. Meritage is authorized to execute approvals for soft costs associated with this Gas Service Proposal Work up to this additional amount after advising: Sunflower contact person: t phone # or email well as a vism�i ncontact person: ,�,,,,�,�•-A„1 at jastmaaa�sak�ahs�s-0r� g �' p �'' phone# or email olar , of the work scope and cost. Gi �1��t.,}a-,C`at•goy c. Meritage shall notify Sunflower and City and coordinate joint inspection of the Gas Service Proposal Work when the contractor advises that the work has been completed. Sunflower or City may advise Meritage if Sunflower or City finds any of the work incomplete, and Meritage shall manage contractor to complete and/or correct such work. 4. Reimbursement. After Meritage accepts the Gas Service Proposal Work as complete, it will provide notice to Sunflower and the City with a final accounting of the Gas Service Proposal Work, soft costs,plus any change orders. Sunflower or City may request additional supporting information from Meritage. Sunflower and City shall each pay Meritage within thirty (30) days of receipt of the notice, or any subsequent supporting information,the reimbursement amount for the Gas Service Proposal Work acceptable to the Parties. 5. Ownership of Gas Service Improvements. PG&E will accept the Gas Service Improvements Work, and connection to and use of the Gas Service Improvements shall be in accordance with PG&E regulations. 6. Indemnification. a. Meritage shall indemnify and hold harmless Sunflower and City from and against any and all claims, actions, causes of actions, loss, damage, injury, liability, cost or expense, including, without limitation,reasonable attorneys' fees and costs, arising from Meritage's Gas Service Improvements Work under this Agreement. b. No Party shall be liable to another Party for liability that arises out of the sole negligence or willful misconduct of that other Party. 7. Assignment. No Party may assign its rights or delegate its duties pursuant to this Agreement. 8. Successors and Assigns. This Agreement shall bind the successors and assigns or the Parties hereto. Reimbursement Agreement Page 2 of 4