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Kaiser/E1 u.arro Route shall be sent uut by Kaiser for <br /> bid by competent roadway construction companies. In <br /> addition, Kaiser, Rhodes-Jamieson and Lone Star may <br /> each submit bids for the performance of such work. The <br /> work shall be performed by the lowest qualified bidder <br /> under contract with Kaiser, unless Kaiser, Rhodes-Jamieson <br /> and Lone Stair jointly agree that the work should be per- <br /> formed by someone other than the lowest qualified bidder. <br /> <br /> (b) Costs of maintenance of the E1 Charro Route <br /> <br /> needec] at the time of commencement of the use of said <br /> Route by Lone Star and costs of any construction and ' <br /> improvements of such Route pursuant to this Paragraph 9 <br /> shall be paid as follows: Rhodes-Jamieson shall pay any <br /> amount up to $300,000; Rhodes-Jamieson and Lone Star <br /> shall each pay 50% of all sums over $300,000 but less <br /> than $500,000; Kaiser, Lone Star and Rhodes-Jamieson <br /> shall each pay 33-1/3% of all sums over $500,000. Such <br /> sums shall be paid into an escrow account at the time <br /> contracts for the work are awarded. <br /> <br /> (c) Kaiser shall maintain at its own expense the Kaiser/ <br /> E1 Charro Route after co~nencement of its use by Lone Star. <br /> <br /> All sums stated in this paragraph 9 are in' 1984 dollars <br /> and shall be increased for inflation at the times such expenses are <br /> incurred as follows: <br /> <br /> The base for computing the adjustment is the Consumer <br /> <br />~Price Index for all Urban Consumers (base year 1967=100) for San <br /> Francisco-Oakland, California, published by the United States <br /> Department of Labor, Bureau of Labor Statistics ("Index"), which is <br /> in effect on the date on which this Judgment becomes final <br /> ("Beginning Index"). The index published most immediately preceding <br /> the date on which such expenses are incurred ("Ending Index") is tc <br /> be used in determining the amount of the adjustment. If the Endin~ <br /> Index has increased over the Beginning Index, the amounts to be <br /> pa~d b~~ oach ~at't~, as set forth tierein, shall be set by multiplying <br /> said an/ount~ by a ft-action, tile nlunerator of which is the Ending <br /> Index and the denominator of which is the Beginning Index. <br /> <br /> -15- <br /> <br /> <br />