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Diablo Sanitation District entered into the contracts identified on Exhibit C <br /> (together, the"Existing Contracts"). <br /> F. The Initial Members now desire to amend and restate the Original JEPA in order <br /> to permit the Members, as defined below,to work cooperatively to further explore <br /> and develop biosolids management solutions and to permit Members to <br /> subsequently enter into contracts for the planning, design, construction, operation, <br /> and maintenance of one or more regional biosolids facilities. <br /> G. By this Agreement, the parties do not intend to create a separate legal entity. <br /> The parties therefore amend and restate the Original JEPA to read in its entirety as <br /> follows: <br /> SECTION 1 <br /> Definitions <br /> The following terms have the following meanings: <br /> "Addendum"means an agreement that is in substantial conformity with the <br /> addendum set forth in Exhibit E. <br /> "Coalition"means the Members,when the Members are acting pursuant to this <br /> Agreement. The Coalition is sometimes referred to as the`Bay Area Biosolids to Energy <br /> Coalition"and the "BAB2E Coalition." The Coalition is not a legal entity. <br /> "Contribution"means a payment or payments made to the Coalition by a Member <br /> pursuant to Section 4.A. <br /> "Existing Contracts"has the meaning ascribed to it in Recital E. <br /> "Fiscal Year"means the 12-month period that begins on July 1. <br /> "Initial Member"has the meaning ascribed to it in the introductory paragraph. <br /> "Lead Agency"means the Member that is designated as the Lead Agency in <br /> accordance with this Agreement to perform the duties set forth in Section 5.A. on behalf of <br /> the Coalition. Unless otherwise determined in accordance with Section 5.D.,the Lead <br /> Agency is Delta Diablo Sanitation District, a California sanitation district organized and <br /> existing under the laws of the State of California. <br /> "Material Action"means any action taken by or on behalf of the Coalition that will <br /> directly(1)create or increase an obligation, debt or liability of any Member, or(2)require any <br /> Member to make a payment or payments to the Coalition in excess of that Member's <br /> Contribution. <br /> Amended and Restated JEPA v7.2 2 <br /> B0342001/1345905-5 <br />