Notwithstanding the issuance of the Certificate of Completion, and acknowledging that certain damage to the Designated Roads caused by the Project may not be discovered or manifest itself until after completion of the Project's construction activities, Developer hereby agrees that for a period of six (6) months from and after the date of the Certificate of Completion, it shall be responsible to repair any damage to the Designated Roads or associated facilities identified in Section 3.1 caused by Developer Parties' construction activities prior to issuance of the Certificate of Completion; provided that ordinary course road deterioration shall not be deemed to be caused by Developer Parties' construction. In the event during such period County Engineer identifies damage to any Designated Roads that he believes is a result of Developer Parties' construction activities, County shall notify Developer of such damage. If Developer acknowledges that the damage was the result of Developer Parties' construction of the Project, it shall remedy the same pursuant to the provisions of this Agreement. If the Parties cannot agree on the extent of the damage, a "Post-Construction Evaluation" shall be completed to the same scope of the Initial Evaluation described in Section 1.3 to compare the preconstruction and post-construction road conditions (excluding ordinary course road deterioration that would be expected to have occurred absent construction of the Project). The Post-Construction Evaluation will consist of the same testing and studies provided in the Initial Evaluation, only at the conclusion of the Project. If the Parties cannot agree on the extent of the damage after review of the Post-Construction Evaluation, Developer shall retain, at its own expense, a qualified independent engineer acceptable to both Parties to make a determination of whether the damage was a result of Developer Parties' construction of the Project and the scope of repair necessary to remedy the same. The determination of the independent engineer shall be conclusive and binding on both Parties.

In order to secure its obligations under this Agreement, Developer agrees to provide County with any of the following forms of security selected by Developer: a cash security deposit, a guarantee, a security bond, irrevocable letter of credit, or other form of security reasonably acceptable to County. Such security for payment shall be in the amount of Five Million Dollars ($5,000,000.00). The proposed form shall be provided promptly following the execution of this Agreement and shall be in effect (30) days prior to the notice set forth in Section 2.1. Six (6) months following the date of the Project's Certification of Completion, County will return the foregoing security to Developer.

Developer shall also be responsible for reimbursing County for repairs to the County roadways caused by Developer Parties arising from the operation, maintenance, or repair of the Project from and after the date of the Certificate of Completion. This obligation shall be ongoing for so long as the Project remains in operation.