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audit of Portsmouth's affairs concerning its obligations under this Amendment, by an <br /> <br />independent Certified Public Accountant or a f'mu of independent Certified Public <br /> <br />Accountants of recognized integrity and ability. <br /> <br /> 15. PORTSMOUTH SOLELY RESPONSIBLE FOR CONSTRUCTION <br /> <br />COSTS. Portsmouth shall be solely liable for making payments to contractors, suppliers, <br /> <br />materialmen, subcontractors, persons rendering professional services and all other third <br /> <br />parties in compensation for labor, materials or services provided to Portsmouth in the design, <br /> <br />construction, repair, maintenance or operation of the improvements. Portsmouth shall <br /> <br />defend, indemnify and hold Chesapeake harmless for any and all payments due to third <br /> <br />parties for such labor, materials and services, and Chesapeake shall, in addition to the late <br /> <br />payment charges provided heretic, defend, indemnify and hold Portsmouth harmless for any <br /> <br />damages, litigation and legal costs and expenses, debt and interest costs, and other reasonable <br /> <br />costs resulting from any failure of Chesapeake to make timely payment. <br /> <br /> 16. CONSTRUCTION COMPLETION DATE. Portsmouth shall use its best <br /> <br />efforts to complete the improvements within forty-eight (48) months of the execution of this <br /> <br />Amendment. If Portsmouth voluntarily abandons construction or ceases to use its best <br /> <br />efforts for timely completion, then Chesapeake shall be released from all its obligations <br /> <br />hereunder and Portsmouth shall refund to Chesapeake all funds paid by Chesapeake for the <br /> <br />improvements. Chesapeake's obligation to purchase additional water above 3.0 mgd under <br /> <br />this Amendment and Portsmouth's obligation to supply such additional water under this <br /> <br />Amendment shall not commence until completion of the capital improvements contemplated <br /> <br />in Paragraph 10 of this Amendment. If Portsmouth voluntarily abandons construction under <br /> <br /> 9 <br /> <br /> <br />