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Subsection 3.8 states:
3.8 Payment for Costs of Construction, Costs of
Plant and Other Costs. Payment by the Co-owners of
their share of Costs of Construction and Other Costs
* * * shall be made based upon the statements prepared
and submitted to the Co-owners by the Project
Management Committee * * *
Subsection 3.12 states:
3.12 Completion of Construction. The Co-owners
agree, consistent with their respective
responsibilities and obligations and the other terms
set forth in this Agreement, to complete the
construction of the Joint Facilities in accordance with
the schedule established pursuant to Section 5.4.2.
Section 5 of the joint agreement is entitled “Coordination
and Administration”. Subsection 5.4.2 states:
5.4.2 Completion Of Construction. The Date of
Commercial Operation for Coal Unit 1 shall be December
31, 1986, and for Coal Unit 2 shall be June 30, 1988,
unless such Dates of Commercial Operation are changed
pursuant to this Section 5.4.2. The Project Management
Committee shall perform its responsibilities hereunder
to effect the completion of the construction of the
Joint Facilities in accordance with such schedule.
* * *
The project management committee is comprised of one
representative and one alternate from each of the coowners.
Subsection 5.4.1 describes the responsibilities of the project
management committee with respect to the construction of the
SJRPP.
Section 9 of the agreement is entitled “Liabilities”.
Subsection 9.1 states, in pertinent part:
any liability or payment, cost, expense or obligation
arising from a claim of liability to a third party or
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