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Redline Comparing 2021 Amended and Restated Water Supply Agreement and 2025 Proposed Amendments 6 21606945.9 5.2. Governing Law. This Plan is made under and shall be governed by the laws of the State of California. 5.3. Effect on Agreement. This Plan describes the method for allocating water between the SFPUC and the collective Wholesale Customers during system-wide water shortages of 20 percent or less. This Plan also provides for the SFPUC to allocate water among the Wholesale Customers in accordance with directions provided by the Wholesale Customers through BAWSCA under Section 2.2, and to implement a program by which such allocations may be voluntarily transferred among the Wholesale Customers. The provisions of this Plan are intended to implement Section 3.11(C) of the Agreement and do not affect, change or modify any other section, term or condition of the Agreement. 5.4. Inapplicability of Plan to Allocation of SFPUC System Water During Non-Shortage Periods. The SFPUC’s agreement in this Plan to a respective share of SFPUC system water during years of shortage shall not be construed to provide a basis for the allocation of water between the SFPUC and the Wholesale Customers when no water shortage emergency exists. 5.5. Termination. This Plan shall expire at the end of the Term of the Agreement... The SFPUC and the Wholesale Customers can mutually agree to revise or terminate this Plan prior to that date due to changes in the water delivery capability of the SFPUC system, the acquisition of new water supplies, and other factors affecting the availability of water from the SFPUC system during times of shortage. SECTION 5. ALLOCATION CALENDAR 6.1. Annual Schedule. The annual schedule for the shortage allocation process is shown below. This schedule may be changed by the SFPUC to facilitate implementation. 6.1.1 In All Years Target Dates 1.SFPUC delivers list of annual purchases by each Wholesale Customer during the immediately preceding Supply Year November 1 2.SFPUC meets with the Wholesale Customers and presents water supply forecast for the following Supply Year February 3.SFPUC issues initial estimate of available water supply February 1 4.SFPUC announces potential first year of drought (if applicable) February 1 5.SFPUC and Wholesale Customers meet upon request to exchange information concerning water availability and projected system- wide purchases February 1-May 31 6.SFPUC issues revised estimate of available water supply, and confirms continued potential shortage conditions, if applicable March 1 7.SFPUC issues final estimate of available water supply April 15th or sooner if adequate snow course measurement data is available to form a robust estimate on available water supply for the coming year. 8.SFPUC determines amount of water available to Wholesale Customers collectively April 15th or sooner if adequate snow course measurement data is available to form a robust estimate on available water ATTY/RESO.0091/CC RESO AMENDING 2021 AMENDED AND RESTATED WATER SUPPLY AGREEMENT - EXHIBIT A REV: 08-18-25 MI Page 15 of 34