14 - Laserfiche WebLink

calculated percentage of the rated capacity of the Recycled Water Treatment Plant that represents Pleasanton's share of the costs borne by it under Section 5.2 and this Section 5.3. This percentage will be calculated as follows: The 1.9 MGD capacity previously put in place under Section 5.2 plus the capacity acquired under this section shall be divided by the sum of 11.6 MGD (the sum of 9.7 MGD and 1.9 MGD) plus the additional capacity that DERWA constructs under this Section 5.3. To the extent that deliveries are ever curtailed due to operational, regulatory, facility or other limitations, Pleasanton shall have a right to this percentage of the Recycled Water actually produced from the further expanded Recycled Water Treatment Plant. As a hypothetical example, if the Recycled Water Treatment Plant were further expanded by 1 MGD for Pleasanton, then Pleasanton would be entitled to 23% (the sum of 1.9 MGD plus 1 MGD divided by 12.6 MGD) of the Recycled Water produced by the further expanded Recycled Water Treatment Plant. SECTION 6: BILLING AND PAYMENT 6.1 DERWA will bill Pleasanton and Pleasanton shall pay DERWA for all Recycled Water delivered to the Point of Delivery under this Agreement in accordance with this Section. 6.2 The DERWA Fiscal Year for billing and payment purposes ("Fiscal Year") is July 1 through June 30 of the following calendar year. 6.3 DERWA shall provide Pleasanton the Provisional Rate for the ensuing Fiscal Year by May 1 of each year. DERWA shall bill and Pleasanton shall pay on a monthly basis for all the Recycled Water delivered under any Section of this Agreement during the Fiscal Year based upon water meter records and the Provisional Rate. 6.4 DERWA shall reconcile the Provisional Rate to the Actual Rate after each Fiscal Year to account for variances between projected and actual expenses. Differences between the Provisional Rate and Actual Rate shall be credited or debited on the next regular billing following the determination of the Actual Rate. 6.5 The billing and payment of the Provisional and Actual Rates shall apply to all Recycled Water delivered under Sections 3, 4 and 5 above. 6.6 In addition to DERWA billing and Pleasanton payment for Cost Elements, as defined in Section 1.12 above, on an annual basis and within sixty (60) days after the end of the Fiscal Year, DERWA shall bill and Pleasanton shall pay and thereby contribute toward replacement funding related to the facilities benefiting Pleasanton, other than replacement costs included in Cost Elements (as defined above), as follows: 6.6.1 Upon commencement of DERWA deliveries to Pleasanton under Section 4, Pleasanton shall pay the share of the DERWA Replacement Expenditures defined in Sections 1.12.3 and 1.14 of this Agreement. 10