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Supply Agreement between DSRSD, DERWA, and EBMUD ("Water Supply <br /> Agreement"), and delivered by DERWA to the DSRSD Recycled Water Program and to <br /> the EBMUD Recycled Water Program, respectively, by DERWA pursuant to the July 28, <br /> 2003 Agreement for the Sale of Recycled Water by DERWA to DSRSD and EBMUD <br /> ("Water Sales Agreement"). <br /> 1.7 "Val Vista Park" shall mean the 14.5 acre park within Pleasanton <br /> owned, operated, and maintained by Pleasanton, and located on property immediately <br /> adjacent to the Regional Treatment Plant. <br /> 1.8 "Recycled Water Treatment Plant" shall mean the sand filtration/ <br /> ultraviolet light disinfection treatment plant, together with DERWA Recycled Water <br /> Pump Station No 1(PSR 1), all located at 7051 Johnson Drive, Pleasanton CA. This is <br /> the same as the "Recycled Water Treatment Facility" as defined in the Fifth <br /> Supplemental Agreement, and comprises a portion, but not all of, (a) the facilities <br /> defined in the Water Sales Agreement as "Facilities, Tertiary Treatment Plant," and (b) <br /> the facilities defined in the Water Supply Agreement as the "Tertiary Treatment Plant <br /> Facilities." Of the total 9.7 MGD peak day rated production capacity of the treatment <br /> plant as of the date of this Agreement, EBMUD has a right to 4.171 MGD, and DSRSD <br /> has a right to 5.529 MGD. <br /> 1.9 "Regional Treatment Plant" shall mean the wastewater treatment plant <br /> located at 7051 Johnson Drive, Pleasanton, CA owned and operated by DSRSD, as <br /> more particularly described in the Basic Agreement. <br /> 1.10 "Provisional Rate" shall mean the rate to be charged to Pleasanton for <br /> delivered Recycled Water based on the then-current year DERWA budgeted costs <br /> calculated as provided in Section 6 below, and including all Cost Elements identified in <br /> Section 1.12 below. <br /> 1.11 "Actual Rate" shall mean the actual rate to be charged to Pleasanton <br /> for delivered Recycled Water based on DERWA's audited costs calculated as provided <br /> for in Section 6 below, and including all Cost Elements identified in Section 1.12 below. <br /> 1.12 "Cost Elements" as applied to the Provisional Rate and the Actual <br /> Rate shall include the following. An example of how the Cost Elements are calculated is <br /> included in Exhibit A (attached and incorporated by reference). <br /> 1.12.1 All direct costs expressed on a basis of dollar per acre-foot of <br /> Recycled Water for operation and maintenance associated with the production <br /> and delivery of Recycled Water. <br /> 1.12.2 A proportionate share of DERWA indirect costs including, but <br /> not limited to: management, insurance (to the extent insurance is related to the <br /> Recycled Water Treatment Plant), treasury, administrative support and all <br /> similar costs that are related to the Recycled Water Treatment Plant and those <br /> conveyance facilities to the extent they are used to deliver Recycled Water to <br /> Pleasanton, with said proportion being deliveries to Pleasanton in relation to <br /> 3 <br />