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<br />all listed agencies during FY 2007-08 (i.e., 173.39 MGD), then San Francisco shall have the <br />option to waive the requirement in subsection A that all listed agencies have approved this <br />Agreement and an Individual Water Sales Contract as a condition precedent to this Agreement <br />and any Individual Water Sales Contract becoming effective. San Francisco shall have 60 days <br />from September 1, 2009 (i.e., until October 31, 2009) within which to decide whether or not to. <br />waive the condition. If San Francisco decides to waive the condition, those listed agencies that <br />have approved this Agreement and Individual Water Sales Contract before October 31, 2009 <br />will be bound thereby and this Agreement and Individual Water Sales Contracts will become <br />effective as to them, as of the date of San Francisco's waiver. For purposes of determining <br />whether listed agencies that have approved this Agreement represent at least 750/0 of the water <br />purchased during FY 2007-08, the quantity of water attributable to each listed entity shall be as <br />set forth on Attachment B. <br /> <br />D. The provisions of Article 9 that apply to fewer than all Wholesale Customers (i.e., <br />Sections 9.02 - 9.07) shall not become effective unless San Francisco and the entity to which <br />the section applies have each approved (1) this Agreement, and (2) the underlying Individual <br />Water Sales Contract, unless otherwise provided in Article 9. This provision does not affect the <br />continued enforceability of provisions in those sections that derive from independently <br />enforceable judgments, orders or agreements. <br /> <br />..., <br />. -.J- <br /> <br />1840795.8 <br />