Agmt09 San Francisco City and County of Water Sales Agreement

Browse Search

8.06 SFPUC Rules and ReQulations The sale and delivery of all water under this Agreement shall be subject to such of the "Rules and Regulations Governing Water Service to Customers" of the Water Enterprise adopted by the Commission, as those rules and regulations may be amended from time to time, as are (1) applicable to the sale and delivery of water to the Wholesale Customers, (2) reasonable, and (3) not inconsistent with either this Agreement or with an Individual Water Sales Contract. The SFPUC will give the Wholesale Customers notice of any proposal to amend the Rules and Regulations in a manner that would affect the Wholesale Customers. The notice will be delivered at least thirty days in advance of the date on which the proposal is to be considered by the Commission and will be accompanied by the text of the proposed amendment. 8.07 Reservations of, and Limitations on, Claims A. General Reservation of Raker Act Contentions. The 1984 Agreement resolved a civil action brought against San Francisco by certain of the Wholesale Customers. Plaintiffs in that action contended that they, and other Wholesale Customers that are municipalities or special districts, were "co-grantees" within the meaning of Section 8 of the Act and were entitled to certain rights, benefits and privileges by virtue of that status. San Francisco disputed those claims. Nothing in this Agreement, or in the Individual Water Sales Contracts, shall be construed or interpreted in any way.to affect the ultimate resolution of the controversy between the parties concerning whether any of the Wholesale Customers are "co-grantees" under the Act and, if so, what rights, benefits and privileges accrue to them by reason of that claimed status.. B. Claims Reserved but .not Assertable DurinQ Term or Portions Thereof. The following claims, which San Francisco disputes, are reserved but may not be asserted during the Term (or portions thereof, as indicated): 1. The Wholesale Customers' claim that the Act entitles them to water at cost. 2. The Wholesale Customers' claim that San Francisco is obligated under the Act or state law to supply them with additfonal water in excess of the Supply Assurance. This claim may not be asserted unless and until San Francisco decides not to meet projected -77- 1840795.8