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October 2008 <br />When receiving in-lieu supplies that are being stored in the Metropolitan Storage <br />Account, and after certification, Anaheim and Santa Ana will pay OCWD the applicable <br />replenishment assessment and their avoided well energy cost. <br />C. Extraction of Stored Water <br />In lieu of providing all or some of its regular surface water deliveries to MWDOC, Anaheim <br />and/or Santa Ana, Metropolitan may, on fifteen (15) days advance notice, deliver water to <br />MWDOC, Anaheim and/or Santa Ana as provided in the Annual Operating Plan adopted by the <br />Operating Committee on the first of the following month by requesting Program Agency to debit <br />the Metropolitan Storage Account (each such delivery being a "Stored Water Delivery"); <br />provided, however, that unless permitted by Program Agency in its capacity as basin manager, <br />such Stored Water Deliveries shall not, in any fiscal year exceed the lesser of (a) 20,000 AF or (b) <br />the amount then remaining in the Metropolitan Storage Account. Metropolitan's regular surface <br />water deliveries to MWDOC, Anaheim and/or Santa Ana will be reduced by the amount of such <br />Stored Water Delivery to each agency. During an emergency or unforeseen operational <br />condition, Program Agency will use its best efforts in responding to Metropolitan's request for a <br />Stored Water Delivery. <br />If Metropolitan selects the option pursuant to Section VII(C), Program Agency shall cause to be <br />pumped the amount of the Stored Water Delivery from the Program Basin in lieu of receiving <br />regular surface water deliveries. <br />D. Payment for Extraction of Stored Water <br />Upon call by Metropolitan for Stored Water Delivery, Metropolitan shall invoice MWDOC, <br />Anaheim and/or Santa Ana, for the amount(s) certified as extracted by each agency and each shall <br />pay to Metropolitan, in accordance with Metropolitan Administrative Code Section 4507, the then <br />applicable full-service rate (or its equivalent, as determined by Metropolitan in its reasonable <br />discretion) as if such Stored Water Deliveries were surface water deliveries through their <br />respective service connections. The invoice from Metropolitan to MWDOC, Anaheim and/or <br />Santa Ana shall include credits for the Operation and Maintenance Costs and the Electrical Costs <br />associated with the Stored Water Delivery. Anaheim and Santa Ana shall copy MWDOC on all <br />certifications of water extracted from the Metropolitan Storage Account. <br />6. Miscellaneous <br />A. The Agreement is, and shall continue to be, in full force and effect, except as specifically amended by <br />this Third Amendment. This Third Amendment shall not be construed to be a waiver of any provision of <br />the Agreement, or a consent to any failure to comply with the Agreement. <br />B. Except as otherwise expressly provided herein, the Agreement is in all respects ratified and confirmed, <br />and nothing contained in this Third Amendment shall, or shall be construed to, modify, invalidate or <br />otherwise affect any provision of the Agreement or any right of the parties arising thereunder. <br />C. This Third Amendment may be executed in as many counterparts as may be deemed necessary or <br />convenient and by the different parties hereto on separate counterparts, each of which, when so executed, <br />shall be deemed to be an original, but all such counterparts shall constitute but one and the same <br />agreement. <br />