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Agreement, the Parties have variously implemented, will commence to implement and will continue to expand their respective Recycled Water Programs; and WHEREAS, the Parties' respective Recycled Water Programs are and will be sufficiently large in scale to make year round recycled water deliveries; and WHEREAS, because those recycled water deliveries are occurring and will continue to occur on a year round basis, the Parties' respective Recycled Water Programs effectively achieve wastewater disposal to the benefit of the Party's respective wastewater customers; and WHEREAS, seven years of operating data indicates that approximately 17% of wastewater inflows are recycled on a year round basis, effectively achieving wastewater disposal, freeing up an equivalent capacity which as such provides value to the regional wastewater enterprise; and WHEREAS, the current wastewater disposal capacity available to the Parties through the LAVWMA system is less than the ultimate disposal capacity needs of the Parties as specified in the First Supplemental Agreement due in part to the fact that the Clean Water Revival Project was never put into operation as a wastewater disposal project; and WHEREAS, each Party has certain rights and obligations under the First Supplemental Agreement related to the Clean Water Revival Project but the Parties have not been able to reach �. agreement on those rights and obligations due in large part to the fact that the Clean Water Revival Project was not placed into operation for the purposes intended; and WHEREAS, the Parties desire to resolve each and every issue that does or may exist between them with regard to the Clean Water Revival Project in an alternative manner as set forth in this Sixth Supplemental Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Effective Date. This Agreement shall become effective on the date first above written. 2. Definitions. For purposes of this Agreement, the following words, terms and phrases shall have the following meanings when capitalized. Other words, terms and phrases shall have the same meaning as provided in the Basic Agreement and appropriate supplements. a. DERWA — The DSRSD-EBMUD Recycled Water Authority, a Joint Powers Authority comprised of Dublin San Ramon Services District and East Bay Municipal Utility District. b. Regional Expansion Fund. That fund maintained by the District for the purpose of funding expansions to the Regional Facilities and paying debt and other obligations Page 2 of 8