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, established additional incentives as shown in Exhibit B, which exhibits are attached hereto and incorporated herein by this reference. The combined financial incentives from Exhibits A and B per device will be paid by Metropolitan to Member Agency's cn customers for accomplished installations, compliant with Metropolitan's Program. 5.2 Metropolitan, through its Board, expects to establish incentives in the future for additional water conservation retrofits and may also change existing incentive rates. Metropolitan has fiscal responsibility to manage its budget, and hence may limit availability of funds or the number of items that qualify for incentives. To the extent Metropolitan's Board determines to change or eliminate the existing incentives listed in Exhibit A, an Addendum to Exhibit A will be issued from Metropolitan and that Addendum will identify the changes as ofthe Addendum's effective date. 5.3 At its sole discretion, Member Agency may choose to supplement Metropolitan's incentives. Member Agency's supplemental incentives are identified in Exhibit Band may be revised by addendum upon written notice from Member Agency to Metropolitan at any time during the term ofthis Agreement. Every Exhibit B Addendum shall constitute the respective agency's entire financial commitment under this Agreement and shall fully replace the prior Exhibit B. Revisions may apply only to the service areas of certain retail agencies within Member Agency or to the Member Agency's entire service area. It is the responsibility of Member Agency to identify boundaries of the respective service areas it proposes in an Exhibit B addendum in a format that supports practical implementation ofthe Program. Upon receipt of an Exhibit B addendum, Metropolitan, shall establish an effective date for implementing the changes if in its sole determination it concludes that the changes are consistent with its program implementation approach. Metropolitan shall notify Member agency of its determination and the effective date of every Exhibit B addendum it receives. 5.4 After incentives pursuant to Exhibit B are issued by Metropolitan to customers in Member Agency's service territory, a debit of equal amount will be posted on Member Agency's ensuing water bill from Metropolitan. Ifthere is subsequently a correction, it will be posted on an ensuing Member Agency water bill from Metropolitan. Section 6: Responsibilities and Ownership 6.1 Member Agency elects to participate in Metropolitan's Program to provide financial incentives for water-efficient devices within its service area. This Agreement identifies the specific incentive amounts that are in effect in the individual Member Agency's service territory. 6.2 If Member Agency elects not to use Metropolitan's Vendor but rather will administer the Program itself or through its own vendor, the provisions in Exhibit C will apply. 6.3 Member Agency agrees to allow Metropolitan and Vendor to market and administer commercial incentives in its service territory and assist Vendor in implementing Program in their area. Marketing activities undertaken by the Vendor specific to a Member Agency are subject to the approval ofthe Member Agency. 6.4 Metropolitan and Member Agency each agree that it is responsible for its own actions under this Agreement; agree to indemnify and hold the other party and their officers and agents harmless; and agree to defend the other party against any claim or asserted liability City of Santa Ana -4- Agreement No. 66657