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Producers shall have no right of reimbursement from OCWD for Producers' costs attributable to <br />such additions or enhancements. <br />3.5 Producer Assistance. Producers shall support and assist OCWD in <br />connection with the Planning Study, Pilot Study, and development of what constitutes an <br />appropriate Treatment System design. "Support and assist," as used in this Agreement means <br />timely providing reasonable staff time and available data/technical information where requested <br />by OCWD to ensure OCWD has sufficient information to timely complete its obligations under <br />this Agreement. <br />3.6 Untested Water Producing Facilities. OCWD reserves the discretion to <br />delay the design and to not construct Treatment Facilities at Water Producing Facilities that have <br />not been individually tested for PFAS, or which have not demonstrated consistent exceedance of <br />an applicable PFAS RL or MCL. <br />4. DESIGN AND CONSTRUCTION OF PFAS TREATMENT FACILITIES. <br />4.1 Fundiniz. OCWD shall fund the reasonable cost to design and construct the <br />Treatment System, except for necessary real property and entitlements for siting the Treatment <br />System as described in Section 4.4. OCWD's funding obligations apply both to OCWD-Built or <br />Producer -Built Treatment Systems, as defined below. OCWD's funding obligations include <br />planning, design, and construction of the Treatment Systems whether OCWD-Built or Producer - <br />Built. <br />4.2 OCWD Construction or Reimbursement. The Producer shall elect either: <br />A. to have the Treatment System designed and built by OCWD <br />OCWD-Built"); or <br />B. to be reimbursed for having the Treatment System designed and <br />built by the Producer ("Producer -Built"). <br />4.3 CEQA. In connection with the proposed Treatment System for Impacted <br />Wells, the Parties shall work together to determine the best plan for and the lead agency for the <br />purpose of complying with the California Environmental Quality Act ("CEQA"). Where a <br />Producer serves as lead agency for a CEQA project, OCWD shall serve as a Responsible Agency <br />and approve the portions of the CEQA project that OCWD will carry out. OCWD shall fund <br />CEQA expenses incurred in connection with the Treatment System whether it is a Lead Agency <br />or a Responsible Agency. Upon a Producer's request, OCWD shall prepare necessary CEQA <br />documents for the Treatment System. OCWD shall fund any reasonable CEQA mitigation cost <br />excluding land acquisition expenses. <br />4.4 Property Acquisition, Entitlements. <br />A. Land and Rights of Way. Each Producer shall secure at its expense <br />any land and/or right of way necessary to construct the Treatment System(s). <br />2629/022499-0087 <br />14979764.1 a04/1720 -5-