Laserfiche WebLink
31 <br />2021 Amended and Restated WSA 17162043.1 <br />for reimbursement to confirm that such costs were incurred, respectively, as a result of (1) <br />operating Project Facilities and Shared Facilities for a Regional benefit and (2) complying with <br />mitigation obligations in the Project MMRP. Costs associated with the use of Project Facilities <br />or Shared Facilities for Direct Retail or Direct Wholesale purposes, or that do not otherwise <br />provide Regional benefits, shall not be included in the Wholesale Revenue Requirement. The <br />SFPUC is responsible for resolving disputes with the Participating Pumpers and Irrigation Well <br />Owners concerning expense allocations. Project expense documentation, including <br />documentation of negotiation and settlement of disputed costs, will be available for review <br />during the Compliance Audit described in Section 7.04 of this Agreement. The Wholesale <br />Customers may dispute the SFPUC’s resolution of expense allocations through the arbitration <br />provisions in Section 8.01 of this Agreement. <br />G.The SFPUC may direct the Participating Pumpers to recover water from the <br />SFPUC Storage Account for any type of shortage referenced in Section 3.11 of this Agreement. <br />Water recovered from the SFPUC Storage Account using Project Facilities and Shared Facilities <br />may be used for (1) the benefit of all Regional Water System customers; (2) Retail Customers; <br />or (3) one or more of the Participating Pumpers. The Wholesale Revenue Requirement shall <br />only include operation and maintenance expenses incurred due to the operation of Project <br />Facilities and Shared Facilities for Regional benefits, including expenses incurred due to <br />compliance with mitigation measures in the Project MMRP. <br />H.All water recovered during shortages caused by drought from the SFPUC <br />Storage Account for Regional benefit, by the Participating Pumpers and by the SFPUC for <br />delivery to Retail and Wholesale Customers, shall be used to free up a comparable volume of <br />surface water from the Regional Water System for allocation in accordance with the Tier 1 <br />Shortage Plan. <br />I.If the Project is terminated for any reason, including breach of the Project <br />Operating Agreement by one or more of the Participating Pumpers or the SFPUC, a force <br />majeure event as specifically defined by the Project Operating Agreement, or due to regulatory <br />action or legal action, then: <br />1.Any water remaining in the SFPUC Storage Account shall be used for the <br />benefit of all customers of the Regional Water System;