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SECTION 4: INITIAL RECYCLED WATER SERVICE <br /> 4.1 Upon Pleasanton connecting a Recycled Water customer other than <br /> Val Vista Park, Recycled Water delivery from DERWA to Pleasanton shall be through a <br /> Primary Point of Delivery located on the main recycled water line from the Recycled <br /> Water Treatment Plant, which point shall be selected by DERWA in consultation with <br /> Pleasanton and, if on DSRSD property with DSRSD's concurrence. Pleasanton shall <br /> install the Primary Point of Delivery in accordance with standards as determined by <br /> DERWA, including metering facilities. Pleasanton shall be responsible for the permitting, <br /> installation, operation, and maintenance of all distribution piping and related equipment <br /> and facilities downstream of the Primary Point of Delivery. DERWA shall be responsible <br /> for operation, maintenance, and replacement of the billing meter. Pleasanton shall pay <br /> the cost of installation, maintenance, and replacement of a billing meter at the Primary <br /> Point of Delivery. The Parties understand that said meter will be owned by DERWA. In <br /> addition, Pleasanton agrees to be responsible for servicing all customer connections to <br /> its Recycled Water distribution system and any other costs whatsoever associated with <br /> their deliveries of Recycled Water to their customers, except to the extent specified to <br /> the contrary in the indemnity provisions in Section 8.3, below. <br /> 4.2 DERWA is obligated to provide to Pleasanton initial Recycled Water <br /> service as follows: <br /> 4.2.1 Up to 500 AFY of Recycled Water, if needed by Pleasanton, <br /> until the earlier of December 31, 2020 or five (5) years from the date of first <br /> delivery of Recycled Water under this Section 4 (hereafter, "first delivery"). This <br /> quantity of Recycled Water shall include the 40 AFY at a 0.10 MGD maximum <br /> day delivery rate and a 0.20 MGD peak hourly delivery rate, as provided for <br /> Pleasanton's use at Val Vista Park pursuant to Section 3 of this Agreement. <br /> 4.2.2 Prior to the earlier of December 31, 2020 or five (5) years <br /> from the date of first delivery, Pleasanton may take more than the 500 AFY of <br /> Recycled Water referred to in Section 4.2.1 if DERWA determines that such <br /> additional Recycled Water is available. <br /> 4.2.3 After December 31, 2020 or five (5) years from the date of <br /> first delivery, whichever occurs first, DERWA shall be obligated to provide to <br /> Pleasanton only that quantity of Recycled Water that is available as determined <br /> by DERWA; DERWA shall not be obligated to provide the full 500 AFY to <br /> Pleasanton. <br /> 4.3 All deliveries to Pleasanton under this Section shall be made at the <br /> Points of Delivery defined above in Sections 3.2 and 4.1 of this Agreement. In addition, <br /> DERWA shall deliver to Pleasanton the actual Pleasanton Recycled Water needs, <br /> provided that the ratio of the maximum daily rate to actual annual average deliveries in <br /> any year shall not exceed a factor of 2.5 and further provided that the capacity of the <br /> Recycled Water Treatment Facilities being used to produce Recycled Water for <br /> Pleasanton, DSRSD and EBMUD is not exceeded by such deliveries to Pleasanton. <br /> 6 <br />