MUNICIPAL WATER DISTRICT OF ORANGE COUNTY (4) - 2008

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State of California and that venue of any action brought hereunder shall be in Orange County, California. Severability If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby. Entire Agreement This Agreement contains the entire agreement of the Parties relating to the subject matter hereof; and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without prior written approval from both Parties. 8. Term This Agreement shall commence on January 1, 2008, and continue until December 31, 2008. Early Termination The City may terminate this Agreement at any time upon sixty (60) days' written notice to MWDOC. MWDOC may terminate this Agreement prior to the date of termination without prior notice in the event funding for either or both Programs is exhausted, reduced, or eliminated from any funding source. If MWDOC deems it necessary to terminate these Programs for any other reason, MWDOC will give the City thirty (30) days' written notice. In the event of termination by either party, the City will be responsible for payment of its portion of administration fees, as established herein, for all rebates paid to participants of the Programs within the City's service area prior to the effective date of the termination. For purposes of this paragraph, an application is deemed initiated when the participant obtains an application and participation is logged-in by the Rebate Contractor. 10.Amendments The Agreement may be modified or amended only by a writing duly authorized and executed by the City and MWDOC. 11. Assignment The City and MW DOC shall not assign, sublet, or transfer this agreement or any of the rights or interests in this agreement without the written consent of the other parties. 12. Confidentiality MWDOC agrees to maintain the confidentiality of the City's customer names, addresses and other information about Program participants gathered in connection with the Programs, and MWDOC will not cause or permit the disclosure of such information except as necessary to carry out the Programs. AGREEMENT FOR SHARING ADMINISTRATION COSTS MWDOC and Crty of Sanfa Ana Page 4 of 5