MUNICIPAL WATER DISTRICT 2 - 2004

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. territory to ensure that it is within the maximum 'Not to Exceed' number provided in this Agreement. Rebates will be offered on a first come-first served basis while funding lasts. Therefore, if applications received from Program participants throughout the implementation area exhaust the number of rebates available under the Program, it may not be possible to offer rebates within Participating Agency's service territory up to the maximum 'Not to Exceed' number provided herein. MWDOC does not guarantee any minimum number of rebates will be available for Participating Agency's service area. MWDOC agrees to maintain the confidentiality of Participating Agency's customer names, addresses and other information about the Program Participants gathered in connection with the Program, and will not cause or permit the disclosure of such information except as necessary to carry out the Program. To the extent MWDOC contracts with third party contractors to carry out all or any portion of the Program, MWDOC will require the Contractor to maintain the confidentiality of said customer information. Participating Agency Obligations: To enable MWDOC to identify potential Program participants for marketing the Program, Participating Agency agrees to provide complete customer name and address information to MWDOC for those potential sites Participating Agency requests be included in the Program. Upon request, Participating Agency will provide MWDOC with addressing for the top-20% of their residential water users. Participating Agency agrees to provide funding for the Term of the Program in the amount of Nine Dollars ($9.00) per Smart Controller valve installed at a qualified property within Participating Agency's service territory for which a rebate is given, up to a maximum 'Not to Exceed' number of 1,000 valves. As part of its administrative responsibility, MWDOC will track rebate distribution on a fiscal year basis in order to limit the number of rebates issued within Participating Agency's service area over the Participating Agency's designated 'Not to Exceed' fiscal year total. . For fiscal year 2004-2005 this 'Not to Exceed' liability is $9,000 (1,000 valves x $9.00). . For fiscal year 2005-2006, this 'Not to Exceed' liability is $0.00 (0 valves x $9.00). . For fiscal year 2006-2007 this 'Not to Exceed' liability is $0.00 (0 valves x $9.00). MWDOC will invoice Participating Agency on a monthly basis for rebates issued in the previous month period, and payment will be due within thirty (30) days of the date of the invoice. Although MWDOC will make every effort to pace the Program in the Participating Agency's service territory in order not to exhaust the Participating Agency designated fiscal year funding limit, MWDOC makes no guarantee the funding limit assigned by the Participating Agency while not be exhausted prior to the end of the fiscal year. In the case where the funding limit has been exhausted prior to the end of the current fiscal year and if there are no additional funds available from the Participating Agency, 3