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<br />. <br /> <br />. <br /> <br />requested quantity of MWD Stored Water within ninety calendar days after proper notice has <br />been given requiring extraction hereunder. <br /> <br />4.6. Breach bv üperating Party. In the event Operating Party breaches this <br />Contract by failing or refusing, for reasons within its control, to begin extracting the requested <br />quantity of MWD Stored Water within the time period set forth in Paragraph 4.5, and the <br />Operating Committee has not agreed to alternative remedies, the Program and Member Agencies <br />may terminate this Contract. In the event the Program Agency terminates this Contract, the <br />Operating Party shall pay to Program Agency the cost of constructing the Program wells, <br />reduced by depreciation based upon a life of 25 (twenty-five) years, and any other damages <br />actually incurred to Program Agency. Operating Party shall not be entitled to use of the Program <br />Wells until these costs are paid to Program Agency. Operating Party acknowledges that the <br />unauthorized use by Operating Party of the Program Wells during any time that Operating Party <br />is in default of its water extraction obligations pursuant to Paragraph 4.5 above will result in <br />irreparable harm to Program Agency. Operating Party accordingly waives any right to object on <br />the grounds of lack of irreparable harm to Program Agency seeking injunctive relief or specific <br />performance of this Contract to enforce the provisions of this Paragraph prohibiting Operating <br />Party ITom using the Program Wells while in breach of its obligations under Paragraph 4.5 <br />above. <br /> <br />4.7. Alternative Groundwater Basin Management Options. If the Operating <br />Party has made every reasonable effort to comply with the Contract but has been unable to <br />extract the MWD Stored Water, and the Operating Committee has not agreed to alternative <br />remedies, then the Program Agency at its discretion will consider implementing alternative <br />groundwater basin management options to extract the MWD Stored Water to avoid being <br />assessed penalties by MWD. If the Program Agency implements alternative groundwater basin <br />management options, the Operating Party will not be deemed in breach of this Contract pursuant <br />to Paragraph 4.6. <br /> <br />4.8. Expiration. The Operating Party's obligations under this Contract shall <br />expire 25 years following the Effective Date of this Contract. Section II.B of the MWD <br />Agreement provides for a 25 year term but allows for five year extensions of the Agreement with <br />written consent of all parties. Program Agency cannot seek an extension of the MWD <br />Agreement unless written approval by the Operating Party is provided. <br /> <br />4.9. Well üperation and Maintenance Cost. The Operating Party will work <br />with the Operating Committee established within the MWD Agreement to develop the typical <br />operation and maintenance cost of the new Program Wells. A subcommittee of Operating Party <br />members will be established to assist in this effort. <br /> <br />4.10. Well Energy Cost. The Operating Party will work with the Operating <br />Committee established within the MWD Agreement to develop the actual energy cost of the new <br />program wells. <br /> <br />4.11. Additional Facilities. The Operating Party may request and fund the <br />construction of additional facilities that are deemed to be extra or not directly related to this <br />Program as determined by Program Agency and the Operating Party. <br />