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<br />service, and that Santa Ana will address any and all future issues, concerns and <br />disputes relating to Existing Rate Structure, through administrative opportunities <br />available to them pursuant to Metropolitan's public board process. As such, <br />Santa Ana agrees if they file or participate in litigation or support legislation to <br />challenge or modify Existing Rate Structure, including changes in overall rates <br />and charges that are consistent with the current cost-of-service methodology, <br />Metropolitan may initiate termination of this agreement consistent with <br />Paragraph lOA below. Metropolitan agrees that any change in Existing Rate <br />Structure, including changes in cost-of-service philosophy or methodology would <br />be enacted only after collaboration and discussion with its member public <br />agencies, and Metropolitan's public board review and approval process. <br /> <br />(b) Notwithstanding the foregoing, Santa Ana retains the right to file and/or <br />participate in litigation and/or to support legislation without triggering the <br />termination of this agreement if there are material changes to Existing Rate <br />Structure or changes in cost-of-service methodology used to set rates by future <br />Metropolitan board action. Santa Ana also retains the right to file and/or support <br />litigation should Metropolitan, in setting rates under Existing Rate Structure, fail <br />to comply with public notice, open meeting, or other legal requirements <br />associated with the process of setting water rates and related taxes, fees, and <br />charges. Santa Ana agrees that they will 'not tile or participate in litigation, nor <br />Villi they support legislation affecting Metropolitan's rate structure after any such <br />change in rate structure or violation of the law regarding rate setting processes <br />until, and unless, they have exhausted all administrative opportunities available to <br />them pursuant to Metropolitan's public board process. <br /> <br />10.3 Santa Ana agrees that all users of the Metropolitan conveyance and distribution system <br />should support the LRP, CCP, and SDP, that such projects provide benefits to <br />Metropolitan and the users of the system by making existing distribution and conveyance <br />capacity available for additional delivery, and that under Existing Rate Structure, the <br />Water Stewardship Rate is an element of charges properly adopted by the Metropolitan <br />Board and properly applied to water wheeled through the Metropolitan conveyance and <br />distribution system. <br /> <br />10.4 Should Santa Ana file or support litigation, or sponsor or support legislation, that would <br />challenge or be adverse to Existing Rate Structure, as described in paragraph (a) of <br />Section 10.2, Metropolitan's General Manager may file a 90-day notice of intent to <br />terminate this Agreement with Metropolitan's Executive Secretary, with copies to all <br />members of Metropolitan's Board of Directors, and contemporaneously provide Santa <br />Ana with a copy of the notice. Within 30 days of receipt of such notice, Santa Ana shall <br />have the right to reqnest, in writing, mediation of the dispute by a neutral third party \>lith <br />expertise in finance and rate setting. The mediator shall be seleeted by agreement of the <br />parties, or failing agreement within 60 days of such request tor mediation, a mediator <br />shall be selected by the Metropolitan Board of Directors from a list of at least four <br />candidates, one each from Santa Ana, and two of which will be supplied by <br />Metropolitan's General Manager. The costs of the mediation shall be borne equally by <br />the parties. The reqnest for mediation shall also serve to stay the 90-day notice of intent <br /> <br />Santa Ana <br /> <br />6 <br /> <br />Agreement No. 91623 <br />