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customer authorizing an increase to the initial capital contribution based upon actual usage data that is <br />collected after connection. <br />4. Performance Bond <br />Owner agrees to provide the City with a performance bond for an amount equal to $3,030,932.25 <br />in connection with Owner's construction of the Dedicated Improvements (the "Performance Bond"), being <br />equal to 125% of the City -approved constructions costs of the Dedicated Improvements as listed on Exhibit <br />D attached hereto. Upon the approval of the City of South Bend, Indiana Board of Public Works Project <br />Completion Affidavit ("Project Completion Affidavit"), the obligation to maintain the Performance Bond <br />shall cease without any further action or confirmation required from City. <br />S. Maintenance Bond <br />Owner agrees to provide the City with a maintenance bond equal to ten (10) percent of the total <br />hard constructions cost of the Dedicated Improvements pursuant to this Agreement, and such bond shall <br />remain in effect for three (3) years after dedication as described in Section 7 of this Agreement. <br />6. Term <br />Subject to Section 12, the tern of this Agreement shall commence as of the Effective Date, and <br />shall expire as of October 31, 2019, unless otherwise approved by the City Board of Public Works. <br />7. Dedication <br />Owner understands the completion of the Dedicated Improvements and the dedication to the City <br />is a requirement for the successful completion of the project. Upon completion of the construction of said <br />Dedicated Improvements, Owner and City shall cooperate in good faith to ensure that said Dedicated <br />Improvements are accepted by the City in a timely manner; provided that Owner shall not be required to <br />incur any additional liability or any material cost in connection with such dedication. City's acceptance of <br />the Dedicated Improvements and/or any easements required in connection therewith shall not be <br />unreasonably conditioned, withheld or delayed. City acknowledges and agrees that Owner is a ground <br />lessee, not the fee simple owner, of the property adjacent to the R.O.W., that any easements required by <br />City must be approved by the University of Notre Dame Du Lac ("University"). Owner shall use <br />