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<br />"Environmental Enhancement Surcharge" means the surcharge to be imposed by the <br />SFPUC on individual parties to this Agreement whose use exceeds their Interim Supply <br />Allocation when the collective use of water by all parties to this Agreement is in excess of the <br />Interim Supply Limitation. <br /> <br />"ERRP" refers to a SFPUC document entitled Emergency Response and Recovery Plan: <br />Regional Water System ("ERRP") dated August 23, 2003, and updated November 2006. <br /> <br />"Excess Use Charges" are monthly charges set by the SFPUC, in the form of multipliers, that <br />are applied to the Wholesale Customer water rates during times of mandatory rationing if a <br />Wholesale Customer's water usage is greater than its shortage allocation.' Excess Use Charges <br />are further described in Section 4 of the Tier 1 Shortage Plan (Attachment H). <br /> <br />~ <br /> <br />"Existing Assets" refers to Regional and Hetch Hetchy Water-Only and Water-Related capital <br />assets plant in service as of June 30, 2009. <br /> <br />"Force Majeure Event" means an event not the fault of, and beyond the reasonable control of, <br />the party claiming excuse which makes it impossible or extremely impracticable for such party to <br />perform obligations imposed on it by this Agreement, by virtue of its effect on physical facilities <br />and their operation or employees essential to such performance. Force Majeure Events include <br />(a) an "act of God" such as an earthquake, flood, earth movement, or similar catastrophic event, <br />(b) an act of the public enemy, terrorism, sabotage, civil disturbance or similar event, (c) a <br />strike, work stoppage, picketing or similar concerted labor action, (d) delays in construction <br />caused by unanticipated negligence or breach of contract by a third party or inability to obtain <br />essential materials after diligent arid timely efforts; or (e) an order or regulation issued by a <br />federal or state regulatory agency after the Effective Date or a judgment or order entered by a <br />federal or state court after the Effective Date. <br /> <br />"Fundamental Rights" of Wholesale Customers are their status as parties to this Agreement, <br />their allocation of water recognized in Section 3.02, their protection against arbitrary, <br />unreasonable, or unjustly discriminatory rates provided in Section 6.04, and any specific rights <br />described in Article 9. <br /> <br />"Hetch Hetchy Enterprise" refers to Hetch Hetchy Water and Power Enterprise, a SFPUC <br />operating department. <br /> <br />Attachment A, Page 3 <br /> <br />1840795.8 <br />