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October 2008 <br />amount to be accounted for in the Metropolitan Storage Account pursuant hereto; <br />provided, however, that total Program Water stored on behalf of Metropolitan in the <br />Program Basin, pursuant to this Agreement, shall never exceed the Maximum Storage <br />Amount unless approved by the Program Agency. Deliveries shall be subject to the <br />prior approval of the Program Agency pursuant to the policies described in subsection 5 <br />below. Metropolitan shall not be obligated to pay any fees associated with basin <br />utilization. <br />2. Metropolitan may make such deliveries to MWDOC, Anaheim and/or Santa Ana as <br />provided in the Annual Operating Plan adopted by the Operating Committee on fifteen <br />(15) days advance notice to both Member Agency and Program Agency. Program <br />Agency will credit the Metropolitan Storage Account by the amount of Program Water <br />delivered to MWDOC, Anaheim and/or Santa Ana. <br />3 Upon notification by Metropolitan pursuant to Section VII(A)(2), Program Agency will <br />either: (a) directly store the amount of any such delivery of Program Water in the <br />Program Basin (e.g., by injection or spreading); or (b) store the amount of any such <br />delivery of Program Water in the Program Basin by in lieu storage, i.e., by reducing <br />pumping from the Program Basin by the amount of such delivery. <br />4. The quantity of Program Water delivered to the Metropolitan Storage Account in any <br />given month shall be determined in accordance with the accounting methodology set <br />forth in Exhibit F. <br />5. Metropolitan hereby acknowledges and agrees that (i) the Program Basin is not an <br />adjudicated basin and this Agreement does not create any storage rights with respect to <br />the Program Basin, and (ii) the Parties will not treat this Agreement as creating any <br />storage right with respect to the Program Basin. <br />B. Certification of Deliveries to Metropolitan Storage Account <br />Metropolitan shall deliver available Program Water to MWDOC, Anaheim and/or Santa <br />Ana at the appropriate service connection(s) for storage in the Metropolitan Storage <br />Account. MWDOC shall be responsible to coordinate submittal of all certifications for <br />storage in the Basin, and to certify the facts concerning the quantities of such deliveries <br />to MWDOC. Anaheim and Santa Ana shall copy MWDOC on all certifications of water <br />stored the Metropolitan Storage Account. All certifications of service connection <br />deliveries to the Metropolitan Storage Account shall be provided to Metropolitan in <br />writing or electronically in a format satisfactory to Metropolitan by a responsible officer <br />of MWDOC, Anaheim, and Santa Ana. <br />2. Metropolitan will credit the MWDOC, Anaheim and/or Santa Ana invoice at the <br />applicable rate for each acre-foot of water certified by each respective agency for that <br />service connection. <br />Certifications of Program Water for a given billing period must be received by <br />Metropolitan before 3:30 p.m. on the third working day after the end of the month to <br />receive credit on the bill for that billing period or any preceding billing period. <br />No certification received after six months following the end of any month in which a <br />credit for Program Water is claimed will be accepted. <br />4 <br />