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<br />SECTION 5. GENERAL PROVISIONS GOVERNING WATER SHORTAGE <br />ALLOCATION PLAN <br /> <br />5.1. Construction of Terms. This Plan is for the sole benefit of the parties and shall not be <br />construed as granting rights to any person other than the parties or imposing obligations on a <br />party to any person other than another party. <br /> <br />5.2. Governin!! Law. This Plan is made under and shall be governed by the laws of the State of <br />California. ' <br /> <br />5.3. Effect on A!!reement. This Plan describes the method for allocating water between the <br />SFPUC and the collective Wholesale Customers during system-wide water shortages of 20 <br />percent or less. This Plan also provides for the SFPUC to allocate water among the Wholesale <br />Customers in accordance with directions provided by the Wholesale Customers through <br />BA WSCA under Section 22, and to implement a program by which such allocations may be <br />voluntarily transferred among the Wholesale Customers. The provisions of this Plan are <br />intended to implement Section 3.11 (C) of the Agreement and do not affect, change or modify <br />, any other section, termor condition of the Agreement <br />.. <br /> <br />5.4. Inapplicability of Plan to Allocation of SFPUC System Water Durin!! Non-Shorta!!e <br />Periods. The SFPUC's agreement in this Plan to a respective share ofSFPUC system water <br />during years of shortage shall not be construed to provide a basis for the allocation of water <br />between the SFPUC and the Wholesale Customers when no water shortage emergency exists. <br /> <br />,5.5. 'Termination. This Plan shall expire atthe end of the Term of the Agreement.. The <br />SFPUC and the Wholesale Customers can mutually agree to revise or terminate this Plan prior to <br />that date due to changes in the water delivery capability of the SFPUC system, the acquisition of <br />new water supplies, and other factors affecting the availability of water from the SFPUC system <br />during times of shortage. <br /> <br />,SECTION 6. ALLOCATION CALENDAR <br /> <br />6.1. Annual Schedule.' The annual schedule for the shortage allocation process is shown below. <br />This schedule may be changed by the SFPUC to facilitate implementation. <br /> <br />6 <br /> <br />1857367.3 <br />