395 Risk Pool. (i) If the Concessionaire has submitted an Inaccessibility Notice pursuant to Section 8.17(b)(v), and the Department has agreed in writing to the areas submitted in such Inaccessibility Notice, and additional costs arise due to Differing Site Conditions, Unknown Geotechnical Conditions, Unknown Utilities, and latent defects discovered after the 395 Scope Validation Work Completion Date in such areas (“395 Risk Pool Costs”), then (A) the Concessionaire shall be responsible for the first $5,000,000 in additional costs of 395 Risk Pool Costs, (B) the Department and the Concessionaire shall share equally in the next $5,000,000 in additional costs of 395 Risk Pool Costs and
395 Risk Pool. (i) If the Concessionaire has submitted an Inaccessibility Notice pursuant to Section 8.17(b)(v), and the Department has agreed in writing to the areas submitted in such Inaccessibility Notice, and additional costs arise due to Differing Site Conditions, Unknown Geotechnical Conditions, Unknown Utilities, and latent defects discovered after the 395 Scope Validation Work Completion Date in such areas (“395 Risk Pool Costs”), then (A) the Concessionaire shall be responsible for the first $5,000,000 in additional costs of 395 Risk Pool Costs, (B) the Department and the Concessionaire shall share equally in the next $5,000,000 in additional costs of 395 Risk Pool Costs and (C) the Department shall be solely responsible for any additional costs of 395 Risk Pool Costs above $10,000,000. If the Department owes moneys to the Concessionaire pursuant to this Section 8.19(a)(i), the Department will make payments to the Concessionaire on a monthly basis for the 395 Risk Pool Costs in question.
