MUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC) (2)

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.' customer accounts that Participating Agency has supplied MWDOC through the Participating Agency's addressing database; · For purposes of marketing the Program in Participating Agency's service territory, Participating Agency agrees to pay MWDOC staff time at the rate of $50.00 per hour to process the Participating Agency's supplied marketing database up to Participating Agency's designated 'Not to Exceed' total liability of One Thousand Dollars ($1,000) or 20 hours (20 hours x $50.00).; and · Participating Agency agrees to provide funding for 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. The maximum number of valves for which rebates will be provided within Participating Agency's service area will not exceed 1,000 valves or $9,000 (1,000 x $9.00), whichever is less. MWDOC will invoice Participating Agency on a monthly basis for the previous months' period at the rates described herein for both the amount of valves issued and for any marketing expenses. Payment will be due within thirty (30) days of the date of the invoice. If the need arises to adjust the rebate levels, a written amendment to this Agreement will be required. If Participating Agency wishes to increase the maximum number of valves for which rebates will be provided under the terms set forth in this Agreement, Participating Agency may accomplish this increase by written notice signed by a representative of Participating Agency authorized to issue such notice. Participating Agency's written notice must describe the increase in the maximum number of valves in terms of both (1) the number of valves and (2) the dollar figure for the increase in Participating Agency's 'Not to Exceed' total liability. Indemnification: MWDOC has designed the Program as a rebate program in which the property owner is solely responsible for selecting, purchasing, and installing the Smart Timer. Property owner will be required to sign a release and waiver of any claims against MWDOC, the Participating Agency, any Participating City, and any other funding agency, as a condition of participating in the Program. MWDOC will require its Rebate Contractor to indemnify MWDOC, the Participating Agency, each Participating City, and any other funding agency against claims arising out of or related to the performance of that contract. MWDOC will require the Rebate Contractor to provide general liability insurance covering MWDOC, the Participating Agency, each Participating City, and any other funding agency as additional insureds. Nevertheless, to the extent that MWDOC, the Participating Agency, and/or each Participating City, performs any activities in connection with the Program, each agrees to indemnify and hold the other harmless from any and all liability, claims, obligations, damages and suits arising out of its negligence or liability without fault in the performance of such activities, except to the extent such liability, claims, obligations, damages or suits arise from the other's negligence or liability without fault. Term: The Term for this Agreement will be from January I, 2006 through June 30, 2008, or until the targeted 'Not to Exceed' number of valves described herein has been exhausted, whichever occurs first ("Program Expiration"). If the maximum number of 'Not to Exceed' valves for Participating Agency's service area have been issued prior to Program 4