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N%00001 <br />The North Olmsted Engineer may require the Fairview Park Engineer to <br />make infiltration tests conforming to American Society of Testing Materials <br />Specifications for the applicable material used to construct the sewers, as <br />revised from time to time. In the event that North Olmsted shall ascertain <br />from Fairview Park, by its own tests as provided in subsection 2.08, or by <br />notice from USEPA, the Ohio Environmental Protection Agency ("Ohio EPA") or <br />any other governmental authority having jurisdiction in the premises, that (i) <br />infiltration or inflow into the collector sewers in the Service Area, or any <br />part thereof, exceeds the liinitations hereinabove specified or (ii) any <br />requirement relating to infiltration and inflow in the Grant Agreement between <br />North Olmsted and USEPA, relating to the grant awarded on September 30, 1983, <br />as revised on December 31, 1984, in connection with the Construction Project, <br />or otherwise imposed on North Olmsted by USEPA, the Ohio EPA or any other <br />governmental authoritq having jurisdiction in the premises is not met due to <br />excess infiltration and inflow in the Service Area, then North Olmsted shall <br />notify Fairview Park in writing of the condition and request Fairview Park to <br />reduce that infiltration or inflow sufficientiy to comply with those <br />limitations and that requirement. <br />In the event that any penalties or charges are assessed against North <br />Olmsted by USEPA, the Ohio EPA, or <br />jurisdiction in the premises due to <br />Service Area, North Olmsted shall p <br />writing and Fairview Park shall pay <br />that they are attributable to excess <br />Area. North Olmsted shall pay anq <br />excess inflow and infiltration within <br />any other governmental authority having <br />excess inflow and infiltration in the <br />romptly notify Fairview Park thereof in <br />such penalties or charges to the extent <br />inflow and infiltration in the Service <br />penalties or charges so.assessed due to <br />its boundaries, and those penalties or <br />- 10 -