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5. Western and REDWOOD CITY have previously entered into the "Memorandum <br /> of Understanding for Participation in the Free Sprinkler Nozzles Program and <br /> the Reimbursement Payments Associated Therewith," dated September 27, <br /> 2011, (the "Original MOU"), and desire by entering into this MOU to amend and <br /> restate the Original MOU in its entirety for the purpose of expanding, increasing <br /> the funding for, and/or extending the term of the FreeSprinklerNozzles.com <br /> Program. <br /> Understandinqs and Aqreements: <br /> 1. Western has developed and currently administers a customer self-service <br /> website, FreeSprinklerNozzles.com, for the dissemination of product vouchers <br /> within its service area. <br /> 2. Western has agreed to extend the use of the FreeSprinklerNozzles.com <br /> website to the local urban water suppliers within the REDWOOD CITY service <br /> area. <br /> 3. Customers, within the REDWOOD CITY service area, will, when participating <br /> on the FreeSprinklerNozzles.com website, be issued a voucher that is <br /> redeemable at participating landscape irrigation equipment suppliers near or <br /> within REDWOOD CITY service area. <br /> 4. Additionally, with participation in the FreeSprinklerNozzles.com landscape <br /> irrigation water conservation program, each participant site will be made part of <br /> a participation database in order to track the water savings achieved. <br /> 5. All parties to the FreeSprinklerNozzles.com Program agree, within the <br /> requirements of the Public Records Act, to protect all database information in <br /> confidence, to the same degree of care and legal responsibility as each party <br /> protects their own confidential and proprietary information from disclosure. In <br /> the event a public records request is made to either party ("Receiving Party") for <br /> information regarding customers or other information from the other party <br /> ("Subject Party"), the Receiving Party shall provide notice to the Subject Party <br /> in order to provide the Subject Party with the opportunity to pursue the <br /> applicable action for withholding any such records from disclosure. <br /> 6. For every water-efficient landscape irrigation replacement Nozzle for which a <br /> voucher is redeemed at a local irrigation store within the REDWOOD CITY <br /> service area, Western will invoice REDWOOD CITY, and REDWOOD CITY <br /> shall pay Western the amount of Three Dollars and Twenty-five Cents ($3.25) <br /> or any other amount which may be in effect as of the date of the applicable <br /> REV: 10-14-13 MLG <br /> Page 2 of 5 <br /> ATTY/AGR.2013.149/Western Municipal Water District—FreeSprinklerNozzels.com <br />