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<br />20 <br /> <br />(b) DSRSD will determine the amount of the Regional Service Charge <br />pursuant to the Regional Agreement (see “DUBLIN SAN RAMON SERVICES DISTRICT <br />– Regional Agreement” and “- Rates and Charges”) which will produce aggregate Member <br />Net Revenues of DSRSD and Pleasanton during each Fiscal Year in an amount at least <br />equal to 110% of the Rate Covenant Debt Service (defined below) due during such Fiscal <br />Year, and agrees to fix, prescribe and collect Regional Service Charges during such Fiscal <br />Year in connection with sewer service provided to its sewer customers at the levels so <br />determined. In addition, DSRSD agrees that it will not hereafter incur any District Local <br />Obligations (as defined below) secured by or payable from Regional Service Charges. <br /> <br />“District Local Charges” means fees, connection fees, capacity fees, tolls, <br />assessments, rates and charges prescribed and collected by DSRSD for the wastewater <br />collection services and facilities of DSRSD’s Sewer System furnished by the District within <br />its jurisdiction. To provide clarity, the term “District Local Charges” does not include the <br />Regional Service Charge or the Regional Capacity Reserve Fee. <br /> <br />“District Local Obligations” means bonds, notes, installment sale agreements or <br />other obligations issued or to be issued by or on behalf of DSRSD, the proceeds of which <br />are applied to finance or refinance improvements or repair to DSRSD’s Sewer System, <br />and payable from District Local Charges. <br /> <br />(c) Pleasanton agrees to fix, prescribe and collect Regional Service Charges <br />during each Fiscal Year at the levels prescribed by DSRSD pursuant to the Regional <br />Agreement. (See “DUBLIN SAN RAMON SERVICES DISTRICT – Regional Agreement.”) <br /> <br />“Pleasanton Local Charges” means fees, connection fees, capacity fees, tolls, <br />assessments, rates and charges prescribed and collected by the City Council of <br />Pleasanton for the wastewater collection services and facilities of Pleasanton’s Sewer <br />System furnished by Pleasanton within its jurisdiction; the term Pleasanton Local Charges <br />does not include the Regional Service Charge or the Regional Capacity Reserve Fee. <br />Similarly, Pleasanton Local Charges are not included in Pleasanton Member Gross <br />Revenues. <br /> <br />“Pleasanton Local Maintenance and Operation Costs” means, for any given <br />period for any given facilities of Pleasanton’s Sewer System, the reasonable and <br />necessary costs of maintaining and operating such facilities during such period, calculated <br />on sound accounting principles, including (among other things) the reasonable expenses <br />of management and repair and other expenses necessary to maintain and preserve such <br />facilities in good repair and working order, and reasonable amounts for administration, <br />overhead, insurance, taxes (if any) and other similar costs, but excluding in all cases <br />depreciation, replacement and obsolescence charges or reserves therefor; debt service, <br />amortization of intangibles or other bookkeeping entries of a similar nature. The term <br />Pleasanton Local Maintenance and Operation Costs does not include any portion of <br />LAVWMA Maintenance and Operation Costs. <br /> <br />“Pleasanton Local Obligations” means bonds, notes, installment sale <br />agreements or other obligations issued or to be issued by or on behalf of Pleasanton, the <br />proceeds of which are applied to finance or refinance improvements or repair to <br />Pleasanton’s Sewer System, and payable from Pleasanton Local Charges. <br />