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LAVWMA system as the result of Recycled Water delivered by DERWA to the EBMUD Recycled Water Program during the preceding year. 4. The avoided cost of wastewater disposal through the LAVWMA system shall be calculated by multiplying the respective volume of Recycled Water delivered to the City, District, or EBMUD Recycled Water Programs, as the case may be, by the unit cost for disposal via LAVWMA as determined by the annual use and cost reconciliation prepared by LAVWMA. The unit cost shall be derived based upon the total actual variable costs divided by the total combined flow). A sample calculation is shown in Exhibit D. 8. Dispositions of Earlier Supplemental Agreements. a. Third Supplemental Agreement. All terms and conditions of the Third Supplemental Agreement remain in effect except: i. Section 3. Section 3 of the Third Supplemental Agreement is hereby terminated in its entirety on the effective date of this Agreement; ii. Section 5(a). The second sentence of Section 5(a) of the Third Supplemental Agreement is hereby terminated in its entirety on the effective date of this Agreement; iii. Section 6(b). Subsections 6(b)(ii) and 6(b)(iii) of the Third Supplemental Agreement are hereby terminated in their entirety on the effective date of this Agreement; and iv. Section 9(b). Section 9(b) of the Third Supplemental Agreement is hereby terminated in its entirety on the effective date of this Agreement. b. Fourth Supplemental Agreement. The Fourth Supplemental Agreement is terminated in its entirety on the effective date of this Agreement 9. Agreement Integration. This Fifth Supplemental Agreement constitutes the entire agreement between the parties regarding the subject matter hereof. Nothing herein contained shall be deemed a limitation upon the parties to enter into further supplemental agreements. In the event of conflicting language between this Fifth Page 10 of 19