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6.G. - Page 23 of 238 <br />Customers who wish to extend the Agreement shall be free to do so, provided that no party to <br />this Agreement which does not wish to become a party to such a renewed Agreement shall be <br />compelled to do so by the actions of other parties under this section. <br />2.03. Amendments <br />A. Amendments to Agreement; General <br />This Agreement may be amended with the written consent of all parties. <br />2. This Agreement may also be amended with the written consent of San <br />Francisco and of Wholesale Customers representing at least two-thirds in number (i.e., 18 as of <br />July 1, 2009) and seventy five percent (75%) of the quantity of water delivered by San Francisco <br />to all Wholesale Customers during the fiscal year immediately preceding the amendment. <br />3. No amendment which adversely affects a Fundamental Right of a <br />Wholesale Customer may be made without the written consent of that customer. Amendments <br />to Article 5 which merely affect the allocation of costs between City Retail customers on the one <br />hand and Wholesale Customers collectively on the other, and amendments to Articles 6 and 7 <br />which merely alter budgetary, accounting and auditing procedures do not affect Fundamental <br />Rights and may be made with the consent of parties meeting the requirements of Section <br />2.03.A.2. <br />4. When an amendment has been approved by San Francisco and the <br />number of Wholesale Customers required in Section 2.03.A.2, San Francisco shall notify each <br />of the Wholesale Customers in writing of the amendment's adoption. Notwithstanding any <br />provision of law or this Agreement, any Wholesale Customer that claims that the amendment <br />violates its Fundamental Rights under Section 2.03.A.3, shall have 30 days from the date San <br />Francisco delivers the notice of its adoption in which to challenge the amendment's validity <br />through a judicial action. If no such action is filed within 30 days, the amendment shall be finally <br />and conclusively deemed to have been adopted in compliance with this section. <br />B. Amendments to Article 9 <br />Notwithstanding the provisions of Sections 2.03.A.2 and 2.03.A.3, any <br />provision of Article 9 which applies only to an individual Wholesale Customer may be amended <br />with the written concurrence of San Francisco and the Wholesale Customer to which it applies; <br />5 <br />15118728.1 <br />354 <br />