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additional or more stringent requirements imposed by DOHS or RWQCB through <br /> the permit/approval process for the Project described in Section 3.3, as such <br /> criteria and requirements exist upon the Effective Date. If, subsequent to the <br /> Effective Date, such criteria or requirements, as applied to the Project or the <br /> operation thereof,become more stringent or burdensome, such that compliance <br /> therewith increases SBSA's costs of operation, such increased costs will be paid <br /> by City as provided in Section 7.1. If the changed criteria or requirements <br /> significantly increase operational costs or require the construction of new <br /> facilities, SBSA and City shall meet and confer regarding compliance therewith <br /> and may, by amendment or supplement to this Agreement, provide for City's <br /> assumption of costs pertaining thereto and SBSA's corresponding operational <br /> changes or construction of facilities;provided that if such compliance causes <br /> maintenance and operation of the Project to be economically or practicably <br /> infeasible, City may terminate this Agreement. <br /> If City later desires to have water delivered to it by SBSA treated to a higher <br /> standard than required by this Agreement(i.e., Disinfected Tertiary Recycled <br /> Water as defined in Attachment Ten), both parties shall meet to consider the <br /> financial and operational aspects of such additional treatment. SBSA will have no <br /> obligation to provide such additional treatment unless City has agreed to pay for <br /> the additional associated costs. <br /> City may at any time direct SBSA to perform additional laboratory analyses of <br /> Recycled Water, such as testing for parameters beyond those currently required <br /> by DOHS. City shall pay SBSA the full amount of costs associated with such <br /> additional laboratory analyses, in accordance with Attachment Nine. <br /> -12- 1091374.7 <br />