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<br /> 25 <br />2025 Amended and Restated WSA 21945395.2 <br />A. New Wholesale Customers Prior to December 31, 2028. Until December 31, <br />2028, San Francisco will not enter into contracts to supply water to any entity other than a <br />Wholesale Customer (whether permanent or temporary, firm or interruptible) unless: <br />1. It completes any necessary environmental review under CEQA of the <br />proposed new wholesale water service obligations as provided in Section 4.07; <br />2. It concurrently completes any necessary environmental review under <br />CEQA as provided in Section 4.07 and commits to make both San Jose and Santa Clara <br />permanent customers with Individual Supply Guarantees equal to at least 9 MGD; and <br />3. This Agreement is amended to incorporate any commitments to proposed <br />new wholesale customers and to San Jose and Santa Clara, and to address the effects, if any, <br />of the new customer(s) on water supply reliability, water quality and cost to existing customers <br />of the Regional Water System. <br />B. New Wholesale Customers After December 31, 2028. As of January 1, 2029, <br />San Francisco will not enter into contracts to supply water to any entity other than a Wholesale <br />Customer (whether permanent or temporary, firm or interruptible) unless: <br />1. It completes any necessary environmental review under CEQA of the <br />proposed new wholesale water service obligations as provided in Section 4.07; <br />2. It concurrently completes any necessary environmental review under <br />CEQA as provided in Section 4.07 and commits to make both San Jose and Santa Clara <br />permanent customers with Individual Supply Guarantees equal to at least 9 MGD; <br />3. Doing so increases the reliability of the Regional Water System; and <br />4. This Agreement is concurrently amended (a) to reflect that increased <br />reliability by means of an increased commitment by San Francisco to deliver water during <br />Droughts and (b) to address the effects, if any, of the new customer(s) on water supply, water <br />quality and cost to existing customers of the Regional Water System. <br />C. New Retail Customers. San Francisco may enter into new retail water service <br />obligations outside of the City and County of San Francisco: <br />1. Only in Alameda, San Mateo, Santa Clara, San Joaquin and Tuolumne <br />Counties;