11 - Laserfiche WebLink

regional connection fee. (e) No Replacement Proiect. If a party objects to a project as provided in Paragraph 6(b), or in the case of non-participation by City in the expansion component of LAVWMA's Expansion Project as provided in Paragraphs 5 and 6(c) hereof, District shall have no duty or obligation to, and City releases District from its obligation to, expend funds or otherwise to take any action to acquire Disposal Capacity Rights or Treatment Capacity Rights, or to acquire or construct improvements or expansions to the Regional Sewerage Facilities or other facilities, through projects to which objection was made or in which City does not participate. Nothing herein contained shall be deemed to diminish District's obligations under the Basic Agreement to acquire for City Disposal Capacity Rights or Treatment Capacity Rights, or to acquire or construct such improvements or expansions or other projects expressly identified and authorized for acquisition by City." and c. Section 8. Section 8 of the First Supplemental Agreement is hereby deleted in its entirety on the effective date of this Agreement and replaced with the following text: " 8. Main Basin Considerations. City and District hereby agree to cooperate and to work in collaboration to assure that water quality of the Main Basin is not diminished as a result of projects which may have a potential impact on the Main Basin including, without limitation, the Berrenda Mesa Project, and the operations of the DSRSD-EBMUD Recycled Water Authority ("DERWA"), of which District is a member agency. To that end, District and City shall work and collaborate with Zone 7 to establish a Valley-wide technical review committee to address water quality issues, to evaluate operating data in order to assess options for the location of future wells, to review monitoring efforts and relevant technical data, to facilitate and monitor water quality review by regulatory agencies, and to work toward the development of an appropriate water quality management plan for the Main Basin." 8. Agreement Integration. This Sixth Supplemental Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, including but not limited to the District's Clean Water Revival Project. 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 Sixth Supplemental Agreement on the one hand, and the Basic Agreement, or any other prior Supplementary Agreement or Agreements on the other hand, the terms and conditions of this Sixth Supplemental Agreement shall govern. Except to the extent specified herein or modified hereby, all terms, conditions and provisions of the Basic Agreement, as previously supplemented, shall remain in full force and effect. 9. Successors. This Agreement, and the duties, obligations, and rights of the parties shall be binding upon, and inure to the benefit of, their successors. 10. Indemnification. Either Party agrees to defend, indemnify, and hold the other Party Page 5 of 8