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<br />SA, to assist in obtaining compliance by each of the Co-Permittees with RWQCB <br /> <br />Order No. R8-2002-0014. <br /> <br />Section 3: <br /> <br />OCSD shall be solely responsible for the administration of the <br /> <br />above-referenced Professional Services Agreement between OCSD and EEC, <br /> <br />wherein EEC will undertake a scientific study to perform evaluations and field testing <br /> <br />of three technologies that Phase I identified as having potential success in controlling <br /> <br />FOG in pilot tests and applications. <br /> <br />Section 4: <br /> <br />AGENCY agrees that it shall pay the sum of $35,926 to OCSD as <br /> <br />its proportionate share, based on AGENCY's population, of the cost of Phase II of the <br /> <br />Study. It is intended that the balance of the cost of Phase 'I of the Study will be paid <br /> <br />by the other Co-Permittees according to their respective proportionate shares <br /> <br />identified in Exhibit A attached hereto, <br /> <br />Section 5: <br /> <br />AGENCY shall pay OCSD the sum due, concurrently upon <br /> <br />execution and delivery of this Agreement. <br /> <br />Section 6: <br /> <br />Upon collection by OCSD of the proportionate shares from Co- <br /> <br />Permittees participating in the Phase II Study, if the funds collected total a sum below <br /> <br />the estimated costs of $300,000,00, OCSD shall determine at its own discretion to <br /> <br />adjust the scope of the Phase II Study commensurate with the funding available. <br /> <br />Additionally, if OCSD determines that the funding available is below the cost of a <br /> <br />reasonable and useful Phase II Study, OCSD may, in its discretion, decline to proceed <br /> <br />with the Study. If OCSD declines to proceed, the funds collected from the Agency <br /> <br />pursuant to this Agreement shall be refunded by OCSD, without interest, within thirty <br /> <br />(30) days of OCSD's decision not to proceed with the Phase II Study, <br /> <br />170479_1 <br /> <br />5 <br />