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OCT 23 ' q'7 C34: 47P"i CITY OF NA'~'WARD - aLJ p , q <br />4. Extension of Time for Performance. the parties may mutually agree, in <br />writing, to extend the time for performanx of any of the obligations contained in this <br />Agreement. <br />4.1 It the EBDA agreement providing for the LAVWMA export cxpansio~n <br />project is candled prior to December 31. 2000, LAVWMA may cancel this Agreement by <br />providing written notice to HAYWARD. Payment of interest described in Pazagraph 1 shall <br />Include all interest owing undl the date that HAYWARD received written notice of <br />cancellation from LAvWMA. <br />5. As consideration for the payment(s) of the traffic impact mitigation fee, <br />HAYWARD, as a member of ®DA, will approve the pcndin~ agreement betweat <br />LAVWMA and EBDA which grants LAYWMA additional interruptible capacity in the <br />EBDA pipeline. HAYWARD will not sNk payment of traffic mitigation from futures <br />projects in the LAVWMA service arts or File any legs! action ehallenRing a project within <br />the LAVWMA service area, as that servitx area is specified in paragraph 14 of the Amended <br />and Restated Joint Exercise of Powers Agreement for the Livermore-Amador Valley Wate3 <br />Mu~agement Agency approved September 10, 1997 ("LAVWMA JPA "), ao long a9 the <br />project is otherwise consistent with the LAVWMA JPA and is consistent with the current <br />general pl`n(s) of the entities served by LAVWMA. <br />6. IA the corns that a third party file a legal challenge to this Agreement, neither <br />HAYWARD, LAVWMA or any of LAVWMA's members will take any position adverse io <br />the rights, duties and/or obligations htrcirl cr~atad. <br />wr..a w'.ww..i -4- ~ ia~a <br />10/27/97 MON L1:OS (1'Z/RX NO 51291 f~008 <br />