METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, MUNICIPAL WATER DISTRICT OF ORANGE COUNTY AND ORANGE COUNTY WATER DISTRICT - 2008

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October 2008 Receive and pay any Metropolitan invoice for Basin Nonperformance Penalty. Submit any penalty water bill to the Program Agency for transmittal to appropriate Operating Parties. Program Agency shall be responsible for prompt payment to MWDOC to reimburse MWDOC for an Nonperformance Penalty assessed MWDOC by Metropolitan pursuant to Section XIII(B). 3. Section VI. OPERATING COMMITTEE subsection D. Metropolitan Obligations is revised to read: In accordance with the procedures set forth in clause (E) below, Metropolitan hereby agrees to: Pay costs of operating and maintaining the Prop.13 funded extraction Facilities at the unit rate (dollars per AF of Stored Water Deliveries) determined by the Operating Committee for the Operating Party(ies) and for comparable per AF costs for performance by non-Operating Parties identified in the Annual Operating Plan and agreed to by the Operating Committee that extracted water as adjusted when and as required by Section VI(A)(4)(e) (the "Operation and Maintenance Costs"); 2. Pay the Electrical Costs as determined in Section VI(A)(4)(f) to extract water from the basin, if any, equal to Stored Water Deliveries (as defined in Section VII(C) below) for the applicable period for the Operating Party(ies) and for comparable per AF costs for performance by non-Operating Parties identified in the Annual Operating Plan and agreed to by the Operating Committee that extracted the water; and 3. Commencing on the first July 1st after water is initially stored in the Program Basin on Metropolitan's behalf, and on July 1 of each subsequent year, Metropolitan shall pay an administrative fee in an annual amount of $80,000 to the Program Agency (as such amount is adjusted on each anniversary of the execution of this Agreement by the lesser of 2.5% or the Consumer Price Index for the Los Angeles-Riverside-Orange County area published by the Bureau of Labor), for the incremental costs and expenses of administering the Program during such year. 4. Section VI. OPERATING COMMITTEE subsection E. Payment of Operation and Maintenance Costs and Electrical Costs is revised to read: Amounts owing by Metropolitan pursuant to Section VI(D) for Operation and Maintenance Costs and Electrical Costs shall be paid through a credit to Metropolitan's monthly invoice for the Stored Water Delivery pursuant to Section VII(D). Metropolitan shall send a water invoice to MWDOC, Anaheim and/or Santa Ana, as appropriate, consistent with certifications for Stored Water Delivery. The Metropolitan water invoice shall provide one set of unit rates (dollars per acre-foot of Stored Water Delivery) to credit Operation and Maintenance and Electrical costs to each Metropolitan member agency. The Operating Committee shall review the credits at the end of the call period to ensure that the credits reasonably reflect actual O&M and Electrical Costs to extract stored water. Upon the credit to Metropolitan's invoice for the Operation and Maintenance Costs and Electrical Costs, Metropolitan will have satisfied its funding obligations with respect thereto. 5. Section VII. GROUNDWATER STORAGE AND EXTRACTION is revised to read as follows: A. Metropolitan's Storage Account Rights During any fiscal year of the term of this Agreement, Metropolitan may deliver up to 16,500 AF of Program Water for storage in the Program Basin with an equivalent