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beneficiary for the purpose of enforcing, and shall have the right to enforce directly, all post - <br />completion rights and remedies for the correction of defective work or materials related to the <br />NFWM and its construction. Specifically, and without limitation, the construction contract shall <br />provide for the assignment to Portsmouth of all warranties pertaining to the NFWM, its <br />materials, and its construction. <br />12. USE AND MAINTENANCE OF THE NEW THIRTY (30) INCH <br />FINISHED WATER MAIN: <br />Norfolk shall provide the REFG Agreement with the Commonwealth and any other terms <br />and conditions of the REFG not contained in the Agreement to Portsmouth. If, for any reason, <br />the Commonwealth of Virginia seeks to recapture funds because of non - compliance with the <br />REFG caused by Portsmouth, including without limitation the failure to use and maintain the <br />NFWM in accordance with the terms of the REFG, then Portsmouth shall be responsible for <br />repayment of any such funds to the Commonwealth of Virginia, including any repayment sought <br />by the Commonwealth from Norfolk. If, for any reason, the Commonwealth of Virginia seeks to <br />recapture funds because of non - compliance with the REFG Grant caused by Norfolk, including <br />without limitation the use and maintenance of the NRWM in accordance with the terms of the <br />REFG, Norfolk shall be responsible for repayment of any such funds to the Commonwealth of <br />Virginia, including any repayment sought by the Commonwealth from Portsmouth. <br />13. COMPLIANCE: Norfolk and Portsmouth shall at all times comply with, and <br />ensure compliance with, federal, state, and local laws, regulations, ordinances, orders, and <br />decrees applicable to the work involved in the construction of Norfolk's NRWM and <br />Portsmouth's NFWM and/or the terms of this Agreement. The obligations of this Section shall <br />10 <br />