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. I JDK:bc: 10/10/88 <br />for RETAILER's own use, and/or enter into separate agreements <br />with the proposed Project Customers in substantially the form <br />to be attached to and herein incorporated as Exhibit "C" for <br />the purchase by Project Customers of Project Water from <br />RETAILER, contingent upon its availability from OCWD. In the <br />event RETAILER and other purveyors of Project Water are <br />unable by December 1, 1988 (or as otherwise agreed to in <br />writing by OCWD) to commit to purchase for their own use, or <br />enter into agreements for the sale of, at least fifty percent <br />,(50%) of the total demand, as set forth in Table I of Exhibit <br />"B," for Project Water each year during the term hereof, this <br />Agreement shall terminate. <br />2.3 RETAILER shall commence the purchase and resale of <br />Project Water upon receiving at least sixty (60) days advance <br />written notice from OCWD of the availability of such Project <br />Water. <br />2.4 RETAILER shall purchase the Project Water from <br />OCWD, at the point of its metered connection, for an amount <br />to be determined by the OCWD Board of Directors in its <br />discretion, not to exceed eighty percent (80%) of the "area <br />groundwater cost" as defined in Section 2.5 hereinbelow. The <br />point of connection and sale of the Project Water from OCWD <br />to RETAILER shall be at the meter which measures the flow of <br />Project Water to each Project Customer, as described in <br />Section 1.4 here,inabove. <br />2.5 For the purpose of this Agreement, the "area <br />groundwater cost" shall be the same as'the fixed and variable <br />M <br />