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a. The MCWD may invoice Permittee for permit review, compliance monitoring, and <br /> other eligible costs in accordance with duly established MCWD procedures. <br /> b. If after notice and opportunity to be heard the MCWD finds violation of a MCWD <br /> statute,rule,permit or order,the MCWD will give written notice to Permittee. The <br /> notice will describe the violation and the action required to correct it. If within twenty <br /> (20)days of notice delivery the violation has not been corrected or arrangements <br /> acceptable to the MCWD have not been made,without further notice the MCWD may <br /> take steps it deems reasonable to correct the violation, and may have access to the <br /> property during reasonable times for that purpose. Provided,that the MCWD will give <br /> 24 hours' notice before entry and exercise due care to avoid unnecessary disturbance or <br /> damage to the property. If the MCWD finds that entry is required to address an occurring <br /> or imminent threat to water resources, it may enter and correct without prior hearing or <br /> opportunity to cure, but only to the extent reasonably necessary to address the threat. <br /> c. The MCWD may invoice Permittee for reasonable costs incurred for activity under <br /> paragraph 3b. If payment is not made within 30 days,the MCWD may transfer funds <br /> from the escrow account into MCWD accounts and credit Permittee accordingly. <br /> 4. Escrow funds submitted hereunder are submitted to secure the performance of Permittee under <br /> permit no. 18-347. If the permit is issued, and if the Permittee and any agent, employee or <br /> contractor well and faithfully performs in all respects all activities and things undertaken and <br /> authorized in the permit in compliance with all applicable laws, including applicable statutes, <br /> rules,permit conditions, orders, agreements and stipulations of the MCWD and pays,when due, <br /> all fees or other charges required by law, including all costs to the MCWD of administering and <br /> enforcing the terms of the above-stated permit and this Agreement, including reasonable <br /> attorneys' fees,then within 30 days of written notification to the MCWD of same and the <br /> MCWD's confirmation thereof,the MCWD will release the escrowed funds to Permittee. <br /> 5. All obligations of the MCWD under this Agreement in holding and using the escrow funds are <br /> to Permittee only. Nothing in this Agreement creates any right in any third party as against the <br /> MCWD or in any way waives or abridges any immunity,defense or liability limit of the MCWD. <br /> Permittee will indemnify the MCWD for any claim, liability or cost the MCWD incurs as a result <br /> of a party other than Permittee asserting ownership in or a right to the escrow funds or any part <br /> thereof. Permittee will not assign or purport to assign any interest in the escrow funds or this <br /> Agreement to any third party, except in conjunction with a transfer of Permittee's permit <br /> approved in writing by the MCWD. <br /> 6.Nothing in this Agreement affects Permittee's legal right, if any,to appeal a finding of <br /> violation or seek a legal determination of the purposes to which the MCWD may use the escrow <br /> funds. <br /> 7. The Permittee agrees that, should the escrow funds submitted hereunder remain unclaimed by <br /> the Permittee or his successor in interest so as to become"abandoned property"for purposes of <br /> the obligations on MCWD under Minnesota Statutes chapter 345,the MCWD may assess a <br /> service charge from the unclaimed assets to cover costs of attempting to locate the Permittee or <br /> his successor in interest and, if necessary,reporting and paying the unclaimed funds as required <br /> by law. <br /> 2 <br />