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REV: 11-29-2021 MI <br />to the other will be monitored, metered, and documented. Metered volumes of <br />water provided by the Supplier shall count toward the Requester’s volume of water <br />used for purposes of reporting to the San Francisco Public Utilities Commission <br />(SFPUC), the State Water Resources Control Board (SWRCB), the Bay Area Water <br />Supply and Conservation Agency (BAWSCA), or any other public agency, as <br />applicable. Metered volumes of water provided by the Supplier shall not be <br />construed to increase or otherwise affect the Supplier’s Individual Supply Guarantee <br />under Section 3.02 of the Water Supply Agreement executed by both Parties in July <br />2009, or the Supplier’s Interim Supply Allocation adopted by the SFPUC in resolution <br />no. 10-0213 dated December 14, 2010. The Requester is responsible for compliance <br />with any reporting requirements required by Section 3.07(B) (2) of the Water Supply <br />Agreement that are triggered by any sale of water under this Agreement. <br />7. Compensation for Water Usage. The Requester will compensate the Supplier at Supplier’s <br />applicable tariff rate charged to customers in Supplier’s surrounding service area at the time <br />of delivery. Invoices will be delivered by Supplier only for months in which water is actually <br />delivered and Requester shall make payment within forty-five (45) days after receipt of an <br />invoice. Meter readings will be made by and at the convenience of the Supplier. The <br />amount of water delivered shall be reasonably estimated if conditions do not permit <br />metered measurement. Water supplied pursuant to this Agreement shall be accessed only <br />through the Interconnection. <br />8. Failure to Supply Water. Neither Party shall be responsible for damages for any failure to <br />supply water or for interruption of the supply. <br />9. Access to Valve Site. The representatives of the Parties shall at all times have access to the <br />Interconnection for the purpose of reading meter registration and/or examining the meter <br />and valve to ascertain whether or not they are in good condition. <br />10. Compliance with Laws. Each Party will have responsibility for compliance with applicable <br />local, state or federal regulations applicable to the construction, repair and replacement of <br />the facilities that each Party is responsible for maintaining as set forth in this Agreement. <br />Each Party shall exercise reasonable care in the performance of its obligations and rights <br />under this Agreement to ensure that the other Party’s facilities and operations are not <br />impaired or damaged. If any occurrence or condition during operation or maintenance of <br />the Interconnection threatens the physical integrity or operational capacity of either Party’s <br />separate facilities, the affected Party may stop operation or maintenance of the <br />Interconnection in question and/or take any action that the affected Party deems necessary <br />to protect its own separate facilities. The affected Party will give Notice to the other Party <br />of any actions taken pursuant to this Section as soon as practical. <br />11. Records. The Parties shall maintain accurate and complete records of the maintenance and <br />use of the Interconnection, and shall make those records available to the other Party upon <br />request. Each Party shall maintain records of all its costs with respect to its activities under <br />ATTY/AGR.2021.309/California Water Service (Page 4 of 14)