MUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC) 10 - 2013

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Metropolitan, harmless from any and all liability, claims, obligations, damages and suits arising out of its negligence or liability without fault in the performance of such activities, except to the extent such liability, claims, obligations, damages or suits arise from the other's, or Metropolitan's, negligence or liability without fault. 6. Term: The Program commenced on or about September 1, 2004, and until June 30, 2013 was covered under separate, previous agreements. Effective July 1, 2013, this agreement supersedes all previous agreements between MWDOC and Participating Agency regarding Smart Timer rebate programs and will continue until June 30, 2015 or the until the targeted number of rebates (the funding) has been exhausted, whichever occurs first ("Program Expiration"). Prior to reaching the "Not to Exceed" funding levels shown in Table 1, MWDOC will notify Participating Agency of the depleted funding levels, and request Participating Agency to increase the funding levels by written notice as provided herein. If Participating Agency declines the request to increase its funding levels in Table 1, MWDOC will direct the Rebate Contractor to discontinue offering the enhanced residential rebate levels in Participating Agency's service area. Rebate levels for residential Smart Timers would revert to Metropolitan's rebate level for the Program. Early Termination: Participating Agency may terminate this Agreement prior to the Program Expiration date, or prior to distribution of the maximum number of rebates for Participating Agency's service area, upon thirty (30) days' written notice to MWDOC. MWDOC may terminate this Agreement prior to the Expiration Date, or prior to distribution of the maximum number of rebates for Participating Agency's service area, without prior notice in the event funding for this Program is exhausted, reduced, or eliminated from any funding source. Otherwise, MW DOC may terminate this Agreement for any reason upon thirty (30) days' written notice to Participating Agency. Participating Agency will be responsible for payment of its funding contribution for all rebates made before and after the effective date of the termination for all applications initiated by Program applicants within Participating Agency's service area prior to the effective date of the termination. For purposes of this paragraph, an application is deemed initiated when the Program applicant obtains an application and his participation is logged-in by the Rebate Contractor. Whether the Agreement is terminated by Participating Agency or MWDOC, MWDOC will nevertheless provide Participating Agency with reports of rebate activities in Participating Agency's service area. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by and through the authorized officers on _1AD 2013. MUNICIPAL WATER DISTRICT OF ORANGUfyTY Karl W. Seckel, P.E. Interim General Manager CITY OF SANTA ANA oabiL_ \SaoG- Kevin O'Rourke, nterim City Manager ATTEST- `?7/la -A// MARIA D. HUIZAR CLERK OF THE COUNCIL ?A[dL/y[2esoor(es ?Rnr?¢Y Name and Title Approved as to Form Attorney