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-3- <br />Sewer Service to be provided by LAVWMA, as provided in that certain Sewer Service Contract, dated as of March 1, 2001 (the “2001 Sewer Service Contract”); WHEREAS, in order to achieve interest savings, LAVWMA caused the issuance of its sewer revenue refunding bonds (the “2011 Bonds”) to refund the 2001 Bonds and LAVWMA, Pleasanton, the District and Livermore determined it was necessary to amend and restate the 2001 Sewer Service Contract in connection therewith, executing the 2011 Sewer Service Contract; WHEREAS, LAVWMA has determined that further interest savings will be achieved if the 2011 Bonds are refunded through the issuance of its 2021 sewer revenue refunding bonds (the “2021 Bonds”) and LAVWMA, Pleasanton, the District and Livermore have determined it is necessary to amend and restate the 2011 Sewer Service Contract in connection therewith; and WHEREAS, the Members recognize that it is in the public interest and necessity and will promote the public health, safety and welfare for LAVWMA to provide such Sewer Service as described herein; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: ARTICLE I DEFINITIONS Section 1.01. Definitions. Unless the context otherwise requires, the terms defined in this Section shall for all purposes of this Contract have the meanings herein specified. Any term capitalized herein and not defined below shall have the meaning given to said term in the Indenture. “Actual Rate Stabilization Fund Draw” means, for any period of computation, the actual amounts taken from the Rate Stabilization Fund to pay Expansion Project Debt Service pursuant to Section 4.08. “Actual Fixed Costs” means, for any Fiscal Year, the actual Fixed Costs for such Fiscal Year as stated in the annual audited financial statement for the Enterprise prepared and submitted to Members in accordance with Section 3.08(b). “Actual Flow” means, for any given period for any Member, the total number of Gallons of Wastewater delivered to the Enterprise during such period from such Member. The Actual Flow for Livermore shall be the amount of Wastewater delivered by Livermore to the Enterprise. The Actual Flow for Pleasanton shall be an amount measured by the amount of raw sewage delivered from Pleasanton to the District’s treatment plant or equal to the amount of