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<br /> <br /> <br /> <br /> <br /> <br /> D. In the event of termination, any amounts paid by the City in the year of <br /> termination for costs that had not been incurred by MWDOC as of the date of termination <br /> will be subject to reconciliation during MWDOC's budget process and credited or <br /> refunded to the City, as MWDOC deems appropriate. Further, any actual costs incurred <br /> by MWDOC as of the date of termination that exceed the Attachment A amount for the <br /> year of termination shall be invoiced by MWDOC and paid by the City within thirty (30) <br /> days. <br /> <br /> 3. INDEMNIFICATION <br /> <br /> When separate agreements between the City and MWDOC are required, those <br /> agreements will address indemnification obligations by the parties as appropriate to the <br /> program. WE programs that target the end water user directly will require that <br /> applicants sign a release and waiver of any claims against MWDOC or the City and, <br /> where appropriate, indemnify MWDOC and the City against claims arising out of <br /> applicant's participation in the program. To the extent that MWDOC or the City or their <br /> respective staffs or consultants perform any activities in connection with the programs, <br /> each agrees to indemnify and hold the other harmless from any and all liability, claims, <br /> obligations, damages, and suits arising out of such activities. <br /> <br /> 4. NOTICE <br /> <br /> All notices given pursuant to this letter agreement, including notices of <br /> participation in a MWDOC WUE program, shall be given in writing by personal <br /> delivery, express overnight delivery or U.S. mail, postage prepaid, and addressed as <br /> follows: <br /> Mr. Kevin P. Hunt, General Manager <br /> Municipal Water District of Orange County <br /> 18700 Ward Street <br /> Fountain Valley, CA 92708 <br /> <br /> <br /> City of Santa Ana <br /> Public Works Agency <br /> 220 S. Daisy Avenue, M85 P.O. Box 1988 <br /> Santa Ana, CA 92703 <br /> Attn: Tom Dix <br /> <br /> <br /> 5. Authority and Governiniz Law <br /> <br /> MWDOC and the City represent that the signatories are duly authorized to <br /> execute this letter agreement. This letter agreement shall be deemed a contract made <br /> under the laws of the State of California for all purposes. <br />