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<br />2.2. Metropolitan shall make incentive payment within 60 days upon receipt of an acceptable <br />final report (See Exhibit 2 for detailed Final Report requirements). <br /> <br />Section 3. <br /> <br />Agreement Term <br /> <br />3.1. This Agreement will be effective until May I, 2007. <br /> <br />3.2. This Agreement may be amended at any time by written mutual agreement executed by <br />both of the Parties. <br /> <br />3.3. Either Party, for any reason, may terminate this Agreement 30-days after written notice to <br />the other Party. <br /> <br />Section 4. <br /> <br />Agreement Administrators <br /> <br />4.1. Mr. Bill Eubank is appointed Agreement Administrator for Metropolitan for the purpose <br />of administering this Agreement and making any decisions in connection therewith on <br />behalf of Metropolitan. Mr. Ron Ono is appointed Agreement Administrator for Santa <br />Ana for the purpose of administering this Agreement and making any decisions in <br />connection therewith on behalf of Santa Ana. Providing written notice to the other Party <br />as outlined in Section 9 may change the designated Agreement Administrators. <br /> <br />Section 5. <br /> <br />Responsibilities and Ownership <br /> <br />5.1. All materials and supplies necessary to implement the Project shall be the exclusive <br />responsibility of Santa Ana. Metropolitan shall have no ownership, right, title, security <br />interest, or other interest in any Project facilities, materials or supplies, nor any rights, <br />duties, responsibilities for operation or maintenance thereof. <br /> <br />5.2. Santa Ana is responsible for assuring that the Project complies with all federal, state, and <br />local requirements. . <br /> <br />5.3. Santa Ana is solely responsible for the performance of its staff or representatives in <br />complying with the terms of this Agreement and for the proper allocation of funds <br />provided by Metropolitan under this Agreement. <br /> <br />Section 6. <br /> <br />Intellectual Propertv <br /> <br />6.1. Santa Ana agrees that Metropolitan and its member public agencies have the right to use <br />at no cost all intellectual property conceived or developed in the course of Project <br />development and operation under this Agreement by Santa Ana or any contractor and <br />consultant employed by Santa Ana. As used herein, the term "intellectual property" <br />includes, but is not limited to, all inventions, patents, copyrightable subject matter, <br />copyrights, test data, trade secrets, other confidential information and software. This <br />right to use intellectual property is limited to producing potable water by Metropolitan <br />and/or its member public agencies within their respective service areas. <br /> <br />City of Santa Ana - Santa Ana Stadium <br /> <br />-2- <br /> <br />STP Agreement No. 69877 <br />