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built (as measured in the year when the credits are recognized) to 53,223 (the number of Dwelling Unit Equivalents remaining to be built as of 1987). These credits will be reflected in the next update of the Regional Wastewater Capacity Reserve Fee following the granting of the credits, and included in the Regional Wastewater Capacity Reserve Fee for new development at that time. The balance of the value of the credits shall be allocated to the Regional Wastewater Enterprise. An illustrative example is included in Exhibit A. The allocation and financial impacts of the Unknown Credits to new development shall be based on the ratio of the estimate Dwelling Unit Equivalents remaining to be built (as measured in the year when the credits are made known and/or recognized) to 53,223 (the number of Dwelling Unit Equivalents remaining to be built as of 1987). The credits will be reflected in the next update of the Regional Wastewater Capacity Reserve Fee following the granting of the credits, and included in the Regional Wastewater Capacity Reserve Fee for new development at that time. The balance of the value of the credits shall be allocated to the Regional Wastewater Enterprise Fund. An illustrative example is included in Exhibit B. The portion of Regional Wastewater Capacity Reserve Fee Credits allocated to the Regional Wastewater Enterprise shall be amortized in equal installments over the subsequent 10 year period, with transfers from the Regional Wastewater Operating Enterprise to the Regional Expansion Fund occurring in July of each year. Any such amortization initiated prior to expiration of this agreement shall continue until completed after the expiration of the agreement. In a timely manner, the City and DSRSD will inform the other Party of the status of credits when they become known to the City and DSRSD. Section 5. The City and DSRSD will cooperate to share information they deem appropriate regarding the implementation of this Agreement. Section 6. Except as otherwise specified herein, each Party shall be responsible for all costs and liabilities to the extent arising from or related to its actions or omissions under this Agreement. Section 7. The City agrees to indemnify and hold harmless DSRSD, its officials, employees and agents from any and all claims, costs and liability, including attorneys' fees, to the extent arising out of its acts or omissions under this Agreement. DSRSD agrees to indemnify and hold harmless the City, its officials, employees, and agency from any and all claims, costs and liability, including attorneys' fees, to the extent arising out of its acts or omissions under this Agreement. Section 8. This Agreement shall terminate on December 31, 2030. Section 9. Nothing contained in this Agreement is intended to or confers upon any person, other than the Parties, any rights or remedies hereunder. Section 10. This Agreement may be amended only by a written document executed by both Parties. 02 15 17 REMAINING REGIONAL CREDITS Page 3 of 6