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<br />- <br /> <br />NOW, THEREFORE, in consideration of the promises and covenants hereinafter set <br />forth, the Parties do agree as follows: <br /> <br />Section 1: Agreement Term <br /> <br />1.1 This Agreement will be effective on January 1, 2005, and shall terminate on December <br />31,2015 (Term). Continuance of this Agreement will be subject to annual budget <br />approval by Metropolitan's Board. <br /> <br />1.2 This Agreement may be amended at any time by written mutual agreement executed by <br />both of the Parties. <br /> <br />1.3 This Agreement may be terminated by either Party for any reason after 30 days written <br />notice to the other Party as provided in Section 8. Within 90 days of the termination date, <br />Metropolitan will provide a Final Program Report to Member Agency. <br /> <br />Section 2: Agreement Administrators <br /> <br />2.1 Mr. Jose Vergara 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. Concerns regarding the Program should be addressed to Mr. <br />Vergara. <br /> <br />2.2 Mr. Thomas Dix is appointed Agreement Administrator for Member Agency for the <br />purpose of administering this Agreement and making any decisions in connection <br />therewith on behalf of Member Agency. <br /> <br />2.3 The designated Agreement Administrators may be changed by providing written notice to <br />the other Party as outlined in Section 8. <br /> <br />Section 3: Reporting Requirements <br /> <br />3.1 Metropolitan shall provide Member Agency with an annual Program report that includes <br />a summary of Program activity within Member Agency's and its participating retail <br />agencies' service areas. <br /> <br />3.2 Metropolitan shall provide Member Agency with Program activity data within Member <br />Agency and its participating agencies' service area through designated on-line access to <br />reports. <br /> <br />Section 4: Installation Verification <br /> <br />4.1 Metropolitan, at its own expense, shall conduct an independent verification of fixture <br />retrofits and conduct interviews with end-use cn customers regarding their experience <br />with the Program to randomly selected Program participants throughout Metropolitan's <br />service area. <br /> <br />Section 5: Incentive Amount and Payment <br /> <br />5.1 Under the Program, Metropolitan has established fixed-rate financial incentives for a <br />number of water-using devices as shown in Exhibit A and Member Agency has <br /> <br />City of Santa Ana <br /> <br />-3- <br /> <br />Agreement No. 66657 <br />