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METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (4) -2012
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METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (4) -2012
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Last modified
3/14/2013 1:42:25 PM
Creation date
3/14/2013 9:33:15 AM
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Contracts
Company Name
METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
Contract #
A-2012-238
Agency
PUBLIC WORKS
Council Approval Date
11/19/2012
Expiration Date
12/31/2014
Destruction Year
2019
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following the reconciliation of all outstanding certifications for special programs. If the <br />Purchaser elects to pay such amount over the course of the next twelve months following the <br />regular billing cycle any outstanding balance shall bear interest at Metropolitan's then current <br />investment portfolio average yield. All other amounts payable under this Purchase Order shall <br />be billed and paid in accordance with the Administrative Code. <br />The Purchaser further recognizes that this Purchase Order is entered into for the direct <br />benefit of the holders and owners of Metropolitan's Bonds issued from time to time under the <br />Act and the Bond Resolutions, and the income and revenues derived from this Purchase Order <br />will be pledged for the purposes set forth in the Bond Resolutions, including the payment of <br />principal of and interest on such Bonds. <br />RENEWAL: <br />Prior to but not later than December 31, 2010, the Purchaser may provide a non-binding <br />written notice to Metropolitan of the Purchaser's determination to extend this Purchase Order. <br />Upon the receipt of such notice, the Board of Directors of Metropolitan (the "Board") shall <br />determine whether Metropolitan will continue to provide System Water to member agencies by <br />Purchase Order. If the Board so determines, the Purchaser and Metropolitan shall amend this <br />Purchase Order to include an extended term and/or to include such other terms and conditions <br />as may be mutually agreed by the parties. If the Purchaser elects not to renew this Purchase <br />Order it will terminate upon the expiration of the Term. <br />WATER SERVICE: <br />Conditions of water service by Metropolitan to the Purchaser, including but not limited to <br />(i) delivery points, (ii) water delivery schedules, and (iii) water quality, will be determined in <br />accordance with Chapter 5 (Section 4500 through 4514, inclusive, as applicable) of <br />Metropolitan's Administrative Code. <br />In accordance with its Administrative Code, Metropolitan shall use its reasonable best <br />efforts to supply System Water in the quantities requested by the Purchaser, but is not obligated <br />to dedicate any portion of System capacity for the conveyance, distribution, storage or treatment <br />of System Water for the benefit of the Purchaser or any other member agency. Metropolitan <br />shall use its reasonable best efforts to deliver the Firm Demand when needed by the Purchaser <br />during the Term; provided however, there shall be no default under this Purchase Order if <br />Metropolitan fails to deliver water to the Purchaser in accordance with any such schedule of <br />deliveries during the Term. <br />By execution of this Purchase Order, the Purchaser recognizes and agrees that it <br />acquires no interest in or to any portion of the System or any other Metropolitan facilities, or any <br />right to receive water delivered through the System, excepting the right to purchase up to <br />Purchaser's Tier 1 Annual Maximum at the Tier 1 Supply Rate provided that System Water is <br />available. This Purchase Order governs pricing of the System Water delivered to the Purchaser <br />pursuant to this Purchase Order and does not confer any entitlement to receive System Water. <br />System Water provided to the Purchaser under the terms of this Purchase Order shall <br />be subject to reduction in accordance with the shortage allocation provisions of the Water <br />Surplus and Drought Management Plan (the "WSDM Plan") or other such policies and principles <br />governing the allocation of System Water as adopted by the Board. <br />In the event that Metropolitan's Board determines to reduce, interrupt or suspend <br />deliveries of System Water, any outstanding balance of the Purchase Order Commitment at the <br />end of the Term shall be reduced by the reduction in System Water made available to the <br />Purchaser under this Purchase Order. <br />-2-
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