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Page | 2 209534v3 (b) Plans and specification shall be developed to prevent the City and STATE Lift Stations’ pumps from activating or operating simultaneously. (c) The STATE Lift Station shall be subordinate, with the operation of Lift Station 14 taking precedence in activation times and run times. City and STATE shall prohibit increases in wastewater discharge pumping conveyance rates through their respective lift stations that would unreasonably interfere with the necessary regular operation of STATE Lift Station, Lift Station 14 and the downstream sanitary sewer system. (d) City and STATE representatives shall monitor flow and activation rates of their respective lift stations and coordinate programming for the control system to optimize the functions of both lift stations to the extent practical. (e) The Improvements shall include an alarm system monitored by STATE in the event of communication failure between the two lift stations. (f) STATE shall contract with InControl, Inc. to furnish, install and construct the Improvements approved by the City, at the sole expense of the STATE. (g) Installation and testing of the Improvements shall be completed and accepted by the City prior to occupancy of the Readiness Center to prevent increased wastewater flows from the STATE property prior to coordination of the two lift stations. (h) STATE will be responsible for maintenance, routine testing and upkeep of the Improvements throughout the service life of the STATE Lift Station. (i) STATE representatives shall contact the City’s Public Works Superintendent should STATE need access to the control cabinet for Lift Station 14 to complete construction, maintenance and repairs of the Improvements. (j) STATE representatives shall conduct a minimum of one meeting per year with the City’s Public Works Superintendent to perform a field review and evaluation of the functions and operability of the Improvements. (k) The City assumes no liability, monitoring obligations, or maintenance obligations related to the STATE Lift Station and the Improvements. (l) The STATE assumes no liability, monitoring obligations, or maintenance obligations related to the CITY Lift Station. 2. TERM. This Agreement shall be effective from the date of execution by both Parties and shall continue until all the obligations are completed unless terminated in accordance with law or the terms of this Agreement. 3. OWNERSHIP. For purposes of insurance and operations, each Party shall continue