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EXHIBIT A <br /> WHEREAS,the Parties desire to resolve the issue as set forth in this Seventh Supplemental <br /> Agreement to ensure that the City of Pleasanton and its customers pay their proportionate share <br /> of the costs of operation and maintenance of the West Dublin Trunk Sewer Line. <br /> NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS: <br /> 1. Effective Date. This Seventh Supplemental Agreement (alternatively herein the <br /> "Agreement") shall become effective on the date first above written. <br /> 2. Definitions. For the purposed of this Seventh Supplemental Agreement, the following <br /> words, terms, and phrases shall have the following meanings. Other words, terms, and <br /> phrases shall have the same meaning as provided in the Basic Agreement and <br /> Supplemental Agreements One through Six. <br /> a. West Dublin Trunk Sewer Line.The West Dublin Trunk Sewer Line traverses north <br /> to south in the City of Dublin to manhole V21A2-13 as shown in Exhibit A. <br /> Regional Dublin Trunk Sewer Line. The Regional Dublin Trunk Sewer Line <br /> traverses north to south in the City of Pleasanton from manhole V21A2-13 and <br /> ending at the Regional Wastewater Treatment Facility as shown in Exhibit A. <br /> 3. Purpose and Intent. This Seventh Supplemental Agreement fully and finally resolves any <br /> and all outstanding issues and claims between the Parties related to the City's use of the <br /> District's West Dublin Trunk Sewer Line. <br /> 4. Funds Transfer. <br /> Transfer from Regional Replacement Fund. Within 30 days of the Effective Date of this <br /> Seventh Supplemental Agreement the District shall transfer One Million and Nine <br /> Hundred Ninety-Eight Thousand Two Hundred and Thirty-Six Dollars($1,998,236.00)from <br /> the District's Regional Replacement Fund to its Local Replacement Fund representing the <br /> value of the Regional Dublin Trunk Sewer Line. The aforementioned amount was <br /> determined in accordance with the calculation presented in Exhibit B. <br /> Future Replacement Projects.The Parties acknowledge and agree that the funds transfer <br /> identified in this Section will reduce the balance in the District's Regional Replacement <br /> Fund and thereby reduce by an equal amount the balance available in the Regional <br /> Replacement Fund to support future replacement projects. <br /> The Parties further agree that neither Party shall take any adverse action of any nature <br /> whatsoever, including legal action or action pursuant to any dispute resolution process in <br /> the Basic Agreement or any supplemental agreements, against the other Party which <br /> action is related to or arises from the District's Regional Replacement Fund's future <br /> ability, or inability, to meet its obligations for replacement projects that either Party has <br /> incurred, or will incur, to the extent of the amount of the transfer provided for herein. <br /> 2 <br />