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<br />. <br /> <br />. <br /> <br />. . <br /> <br />SECTION 3. OBLIGATIONS OF THE MEMBER AGENCY. <br /> <br />3.1. Assistance of the ProlZram Agency. The Member Agency shall assist the <br />Program Agency in fulfilling the terms of the MWD Agreement. In this capacity, the Member <br />Agency will assist the Program Agency to prepare any documents allowing for and certifying the <br />delivery of MWD water to be stored in the groundwater basin under the MWD Agreement, and <br />the dclivery ofMWD Stored Water. <br /> <br />3.2. Processinl! of MWD Billinl!. The Member Agency shall forward the <br />MWD invoices for water extracted out of the Storage Account to the Program Agency. Member <br />Agency shall receivc operation and maintenance, and energy power cost reports ITom Program <br />Agency and submit them to MWD, pursuant to Section VI. E of the MWD Agreement, and shall <br />pass through the MWD credit to Program Agency. <br /> <br />3.3. Appointment of Representative. The Member Agency shall appoint one <br />ofthc two representatives to the Operating Committee as provided for in Section VI of the MWD <br />Agreement. The Member Agency will closely coordinate with, routinely meet with, and actively <br />advocatc the needs and desires of the Operating Party. <br /> <br />SECTION 4. OBLIGATIONS OF THE OPERATING PARTY. <br /> <br />4.1. Cooperation Regarding MWD AlZreement. The Operating Party shall <br />cooperate in good faith and assist the Program Agency and Member Agency in fulfilIing the <br />terms of the MWD Agreement, including the provision of requested assistance to the Program <br />Agency in the design and construction of the Program Well. In this regard, the Operating Party <br />hereby acknowledges that the MWD Agreement provides for a budget of eleven million dollars <br />($11,000,000.00) for the construction of eight program production wells (the "Budget"). The <br />Operating Party shall extend reasonable cooperation to the Program Agency in its efforts to <br />ensure that the design and construction of the Program Wells, in conjunction with the design and <br />construction of the other production wells required under the MWD Agreement, does not exceed <br />the Budget. Notwithstanding, the Program Agency agrees to and shall provide the necessary <br />funding to construct the program wells to the satisfaction of the Operating Party. The design and <br />materials utilized for the program wells shall be consistent with the construction of previous <br />wells built by the Operating Party and as more specifically described in Attachment B. As <br />between the Member Agency and the Program Agency, Program Agency is ultimately <br />responsible for any cost exceeding the Budget. <br /> <br />4.2. ProlZram Well Sites. The Operating Party shall supply, at no cost to the <br />Member Agency, Program Agency, and MWD the use of sites for the construction of the <br />Program Wells as shown on Exhibit B. Operating Party shall retain title to said Program Wells <br />site subj ect to the Program Agency's right to use said site during the term of this Contract for the <br />purposes set forth herein. Operating Party shall grant to Program Agency an easement or license <br />to construct and access the Program Wells. <br /> <br />4.3. Ownership and Operation and Maintenance. Upon completion of <br />construction, the Operating Party shall own the Program Wells and at its sole cost and expense <br />