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6.3B <br /> Page 14 <br /> Section 2.2.7 Step Seven: Determination of Final Allocation Factor. Each Wholesale <br /> Customer's Final Allocation Factor is the fraction expressed as a percentage, the <br /> numerator of which is the particular Wholesale Customer's "Final Allocation with EPA <br /> Adjustment" (in mgd) as calculated in Steps One through Six and the denominator of <br /> which is the Overall Wholesale Custozner Allocation (in mgd), a number provided by <br /> the SFPUC during the drought period as determined by the SFPUC in the Tier 1 Plan. <br /> Section 2.2.$ Example Calculation. Table 2 presents a sample of the calculations <br /> involved in Steps 1b-1f. Table 3 presents a sample of the calculations involved in Step <br /> 1g and Steps Two through Seven, using the values from Tables 1 and 2 and recent water <br /> use data for the other values. Tables 2 and 3 are presented for illustrative purposes only <br /> and do not supersede the foregoing provisions of this Section 2.2. In the event of any <br /> inconsistency between this Section 2.2 and Tables 2 and 3, the text of this section will <br /> govern. <br /> Section 2.3 Calculation of Individual Wholesale Customer Allocation Factors; <br /> Directions to SFPUC. The Tier 1 Plan contemplates that in any year in which the <br /> methodology described above must be applied, the Bay Area Water Supply and <br /> Conversation Agency (BAWSCA) wilI calculate each Wholesale Custozner's individual <br /> percentage share of the amount of water made available to the Wholesale Customers <br /> collectively, following the methodology described above and defined above as <br /> Wholesale Customer Allocation Factors. The Tier 1 Plan requires SFPUC to allocate <br /> water to each Wholesale Customer in accordance with calculations delivered to it by <br /> BAWSCA. <br /> Each Wholesale Customer authorizes BAWSCA to perform the calculations required, <br /> using water sales data furnished to it by the SFPUC, and to deliver to SFPUC a list of <br /> individual Wholesale Customer Allocation Factors so calcuiated as contemplated by the <br /> Tier 1 Plan. Neither BAWSCA nor any officer or employee of BAWSCA shall be liable <br /> to any Wholesale Customer for any such calculations made in good faith, even if <br /> incorrect. <br /> SECTION 3. GENERAL PROVISIONS <br /> Section 3.1 No Third-Party Beneficiaries. This Plan is for the sole benefit of the <br /> Wholesale Customers and shall not be construed as granting rights to any person other <br /> than another Wholesale Customer. <br /> Section 3.2 Governing Law. This Plan is made under and shall be governed Uy the <br /> laws of the State of California. <br /> Section 3.3 Effect on Water Su�ply Agreement. This Plan describes the method for <br /> allocating water frozn the SFPUC among the Wholesale Customers during system-wide <br /> water shortages of 20 percent or less declared by the SFPUC. The provisions of this <br /> Plan, and the Tier 1 Plan contained in Attachment H to the Agreement with which it is <br /> integrated, are intended to implement Section 3.11 of the Agreement. The Plans do not <br /> -5- �oo�.i <br />