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232998v1 <br />CORE/2063606.0012/192738613.2 <br />reimbursement to the City for all out-of-pocket expenses incurred for engineering, inspection and <br />legal consulting services associated with this Project and required by the City pursuant to the <br />terms of the Extension Agreement, including any costs incurred by the City in the City’s <br />preparation of as-built drawings of the sewer line extension, to the extent required under the <br />Extension Agreement.1 <br /> <br />4. MONTHLY BILLING. The City will monthly forward to the Owner, at the notice address <br />specified in Paragraph 7 below, a statement and bill for City Costs incurred by the City. Such <br />statements shall be due and payable within 15 days of receipt by the Owner. No statement will be <br />sent if there are no expenses incurred in the period since the most recent statement. In such <br />statements, the City shall itemize all time, services, and materials billed to the Owner and said <br />time, services, and materials shall be in accordance with the rules, regulations, and fees as <br />promulgated and adopted by the City Council and within the scope of the terms of the Extension <br />Agreement. <br /> <br />5. DISBURSEMENT FROM ESCROW ACCOUNT. In the event the Owner does not make <br />payment to the City as provided in Paragraph 4 above, the City may draw from the Escrow <br />Funds from time to time without further approval of the Owner to reimburse the City for City <br />Costs the City has incurred. The City shall promptly notify the Owner of any draws the City has <br />made and the nature of the City Costs for which the reimbursement is being made in accordance <br />with this Paragraph 5, and such notice shall include a copy of the applicable unpaid statement <br />previously sent to Owner in accordance with Paragraph 4 of this Escrow Agreement. <br /> <br />6. CLOSING ESCROW. The Escrow Funds, less any eligible expenses drawn by the City <br />pursuant to this Escrow Agreement, shall be returned to the Owner after the Project has been <br />accepted by the City pursuant to Paragraph 13 of the Extension Agreement. <br /> <br />7. NOTICES. Unless otherwise stated in this Agreement, any notice given under this Agreement <br />shall be deemed given on the third business day following the date the same is deposited in the <br />United States Mail (registered or certified) postage prepared, addressed to the address of Owner <br />or City, as applicable, set forth in the notices provision of the Extension Agreement. <br /> <br /> <br /> <br />CITY OF ORONO: <br /> <br />By: <br /> Dennis Walsh, Mayor <br /> <br />By: <br /> Adam Edwards, City Administrator <br /> <br /> <br /> <br /> <br /> <br /> <br />211