METROPOLITAN WATER DISTRICT OF SO. CALIF ET AL

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4.4 Upon receiving the Metropolitan invoice, MWDOC, CMWD and SA shall include the full amount of the Estimated LRP Contribution for the Allowable Yield received from Metropolitan as a credit on its next invoice to OCWD. 4.5 . All invoicing, billing, and crediting processes shall be in accordance with the rules and regulations established from time to time by Metropolitan as reflected in Metropolitan's Administrative Code. Section 5: Reconciliation Process 5.1 By January 1" of each Fiscal Year, OCWD shall provide Metropolitan with the following reconciliation data for the previous Fiscal Year: (a) records of Recovered Water, Allowable Yield, and deliveries to OCSD; (b) supporting documentation of the actual cost of the Project required to perform the calculations prescribed in Exhibits B, C, and D; (c) the terms and schedule of payments of the Project's financing instrument; (d) a description of any changes to the Project's financing instruments; and (e) all contributions other than those derived from End Users. Metropolitan will suspend its Estimated LRP Contribution if OCWD fails to provide any of the above required data by April 1" of each Fiscal Year. During the suspension period, OCWD shall continue to invoice Metropolitan for the Estimated LRP Contribution based upon the Allowable Yield for water accounting purposes. Metropolitan will resume the monthly Estimated LRP Contribution once complete data is received and the corresponding reconciliation is . complete pursuant to Section 5.2. In the event OCWD fails to provide reconciliation data by January 1st of the following Fiscal Year which is 18 months after the end of the Fiscal Year for which a reconciliation is required, this Agreement shall automatically terminate without notice or action by any Party and OCWD shall repay to Metropolitan within,90 days of termination all estimated LRP Contributions for which no reconciliation data was provided to Metropolitan. 5.2 Within 180 days after Metropolitan receives complete data from OCWD, pursuant to Section 5.1, Metropolitan shall calculate the Final LRP Contribution for the Fiscal Year. The Final LRP Contribution shall then apply retroactively to all Allowable Yield for the applicable Fiscal Year. An adjustment shall be computed by Metropolitan for over- or under -payment for the Allowable Yield and included on the next invoice issued to MWDOC, CMWD, and SA; and payments shall be made in accordance with Metropolitan's Administrative Code. 5.3 The Parties agree that all contributions other than those derived from End Users or within MWDOC, CMWD, and SA service area boundaries and Final LRP Contribution under this Agreement, including but not limited to grants provided by the U.S. Bureau of Reclamation and IRWD payments to OCWD for wheeling water through the Project, received prior to and during the term of this Agreement that offset eligible Project costs shall be deducted from respective cost components. During the reconciliation following receipt of such contributions, the Parties shall determine the equitable apportionment of such contributions for capital and/or operational purposes. If the Parties are unable to arrive at an agreement, Section 6 shall apply. Agreement 22156 -6-