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<br /> <br />22005174.1 <br />“Fundamental Rights” of Wholesale Customers are their status as parties to this Agreement, <br />their allocation of water recognized in Section 3.02, their protection against arbitrary, <br />unreasonable, or unjustly discriminatory rates provided in Section 6.04, and any specific rights <br />described in Article 9. <br />“Groundwater Storage and Recovery Project” refers to a WSIP project for groundwater <br />storage and recovery in the Southern portion of the Westside Basin approved in SFPUC <br />Resolution No. 14-0127 dated August 12, 2014. <br />“Hetch Hetchy Enterprise” refers to Hetch Hetchy Water and Power Enterprise, a SFPUC <br />operating department. <br />“Imputed Sales” apply when a Wholesale Customer does not meet the minimum annual <br />purchase requirements of Section 3.07.C, as shown on Attachment E and Attachment E-1, <br />except in fiscal years in which a waiver of these requirements is in effect. Imputed Sales are <br />calculated as the difference between (1) a Wholesale Customer’s metered water purchases <br />during a fiscal year, from July 1 to June 30, and (2) the larger of (a) or (b) as follows: (a) the <br />Wholesale Customer’s Minimum Annual Purchase Quantity, as specified in Attachment E and <br />may be adjusted pursuant to Section 3.07.C.2, or (b) the Wholesale Customer’s Temporary <br />Modified Minimum Annual Purchase Quantity, as specified in Attachment E-1 and may be <br />adjusted pursuant to Section 3.07.C.2. If a Wholesale Customer has more than one Temporary <br />Modified Minimum Annual Purchase Quantity, the largest quantity is used for calculating <br />Imputed Sales. Imputed Sales are considered wholesale water usage for the purposes of <br />calculating the Proportional Annual Use, and any fees charged for Imputed Sales are <br />considered wholesale revenues. <br />“In Lieu Water” refers to Regional Water System water, subject to the limitations set forth in <br />Section 9.02 of this Agreement for water delivered to California Water Service Company, that <br />the SFPUC delivers at no charge on an interruptible basis to the Participating Pumpers, to <br />replace groundwater that the Participating Pumpers refrain from pumping using their Existing <br />Facilities during storage periods under the Project Operating Agreement. <br />“Include” and its variants mean “including but not limited to” whenever used in this Agreement, <br />regardless of whether or not it is capitalized.