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<br />5. Attorneys' fees and costs incurred by the Wholesale Customers that a <br />court of competent jurisdiction orders San Francisco to pay as part of a final, binding judgment <br />against San Francisco as provided in Section 8.03.8.2. <br /> <br />6. Any expenses associated with funding any reserves (other than the <br />required Wholesale Revenue Coverage Reserve described in Section 6.06) accrued and not <br />anticipated to be paid within one year unless such reserve is established by mutual agreement <br />of the SFPUC and BAWSCA. <br /> <br />7. Any expenses accrued in respect to pending or threatened litigation, <br />damage or personal injury claims or other loss contingencies unless projected to be paid within <br />one year. Otherwise, such expenses will be charged to the Wholesale Customers when <br />actually paid. <br /> <br />8. Any expense associated with installing, relocating, enlarging, removing or <br />modifying meters and service connections at the request of an individual Wholesale Customer. <br /> <br />9. The Retail Customers' portion of any Environmental Enhancement <br />Surcharges imposed to enforce the Interim Supply Limitation set forth in Section 4.04. <br /> <br />C. Revenues Not Credited to Payment of Wholesale Revenue Requirement. <br />The following payments by Wholesale Customers, individually or collectively, are not credited as <br />Wholesale revenues for purposes of Section 6.05.8: <br />1. ~ayments by individual Wholesale Customers of the Environmental <br />Enhancement Surcharge imposed to enforce the Interim Supply Limitation set forth in Section <br />4.04. <br /> <br />2. Payments of attorneys' fees and costs incurred by San Francisco that a <br />court of competent jurisdiction orders the Wholesale Customers to pay as part of a final, binding <br />judgment against the Wholesale Customers, as provided in Section 8.03.8.3. <br /> <br />3. Payments by individual Wholesale Customers for installation, relocation, <br />enlargement, removal or modification of meters and service connections requested by, and <br />charged to, a Wholesale Customer. <br /> <br />4. Payments applied to the amortization of the ending balance in the <br />balancing account under the 1984 Agreement, pursuant to Section 6,05.A. <br /> <br />-49- <br /> <br />1840795.8 <br />