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RES 97131
City of Pleasanton
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RES 97131
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3/27/2012 2:15:20 PM
Creation date
12/30/1998 11:08:27 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
11/4/1997
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1 proportioned between 21.00 MGD and the new maximum PWWF requested. The <br />2 formulas in Paragraph 3 of Exhibit "A" for fixed cost percentage shall apply, including the <br />3 formula in Paragraph 3.5 for the new discount rate. <br />4 7. Operation of System. <br />5 7.1 Both parties shall operate and maintain their respective systems so as not <br />6 to damage the other party's system. LAVWMA shall plan for and provide storage or <br />7 other facilities for wet weather flows ~~~t exceed 19.72 MGD that can not be <br />8 accommodated in EBDA's system. <br />9 7.2 If LAVWMA fails to interrupt flow upon proper notification and request, <br />10 LAVWMA shall indemnify EBDA from any increased costs, including but not limited to <br />11 increased operation and maintenance costs for the Authority or its member agencies, <br />12 and from any regulatory actions or third party lawsuits and further provide a legal defense <br />13 for EBDA together with all related costs thereto. <br />14 7.3 In the case of disputes, the provisions for arbitration contained in the <br />15 existing agreements are incorporated herein. <br />16 7.4 At all';: limes herein; 'LAVWMA shall <br />17 <br />18 name EBDA and its member agencies as additional insuredson <br />19 ItSllabillty ~nsurence. <br />20 7.5 EBDA shall have the right to access t.AVWMA's monitoring station to verify <br />21 accuracy of flow measurement or to collect independent samples to verily compliance <br />22 with all applicable regulatory requirements. <br />_ 23 7.6 In the event that the EBDA system is damaged 'or destroyed by -ef <br />24 +~aa~al causes #aie~ond lhe'_responstbil~ty p>= EBDA such.~te-~#e-e~e~ that LAVWMA <br />r rev. o per point mtng o o er . <br />
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