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2. Construction of Roadway 2.1 Construction Plans. In the event Tanurb acquires the Tanurb Property, Tanurb and Weis agree that a roadway shall be constructed over the Easement Area. The roadway will be built according to plans, specifications and cost estimates submitted to and approved in writing by each party in advance of construction. Said plans, specifications and cost estimates shall take into account the types of vehicular traffic which will utilize the roadway and the needs of Weis and Tanurb for ingress and egress to their respective parcels of property. 2.2 Failure to Agree on Plans or Estimates. In the event the parties are unable to agree upon plans, specifications or cost estimates for the roadway, either party may exercise its right granted herein to have the plans, specifications and cost estimates of each party submitted to the City Engineer for the City of Roseville. Said plans, specifications and estimates shall be submitted by both parties within seven calendar days of receipt of written notice from the other party of its election hereunder. The parties agree that the final decision of the City Engineer shall be acceptable to them and that said decision shall be rendered within seven calendar days from the date both sets of plans are to be received by the City Engineer. 2.3 Construction Responsibility. Weiss shall be responsible for constructing the roadway according to the plans and specifi- cations. In the event Tanurb commences grading of its Property prior to the date Weis commences its grading, Tanurb shall con- struct the roadway. The parties expressly agree that construction of the=,cadway must be completed on or before the date either party first opens its development or a portion thereof for busi- ness (hereafter "the opening date"). If the party obligated to construct the roadway (hereafter "the obligated party") .to this subparagraph is unable or appears unable, in the reasonable judgment of the other party, to complete construction prior to the opening date, said other party may elect to complete construction itself following written notice thereof by certified mail to the obligated party. Upon receipt of said notice, the obligated party shall immediately direct its agents, employees and inde)endent contractors to cease all work on the roadway. 2.4 Cost of Construction. All costs of construction shall be paid by the party contracting for said costs (hereafter "the contracting party") in a timely fashion so as to avoid the impo- sition of a lien for unpaid labor or materials against the Easement Area. If a lien is placed against the Easement Area in connection with construction of the roadway, the contracting party shall immediately pay said lien or deposit in an escrow account under terms satisfactory to the other party, an amount sufficient to satisfy said lien. The costs of constructing the roadway shall be borne equally by the parties. The contracting -2-