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entirety of the Project Cost (the "Make -Up Production "). In the event that the City undertakes Make -Up Production: 3.3.1. The City shall receive a partial basin equity assessment exemption on the Make -Up Production in accordance with Exhibit A. 3.3.2. The City shall file Monthly Project Production Reports (as described in Paragraph 2.2) for the Make -Up Production during each calendar month during the Make -Up Production time. 3.3.3. In addition to all groundwater production reports and statements required under the OCWD Act, the City shall file a Project Production Statement (as described in Paragraph 2.3) for the Make -Up Production concurrently with the filing of the City's basin equity assessment report pursuant to Section 31.50) of the OCWD Act. SECTION 4. MISCELLANEOUS 4.1. Term. This Agreement shall become effective upon the Board of Directors of OCWD approving a partial exemption of the BEA for the water produced from Well 32, and shall continue for a term of twenty years, until June 30, 2033. 4.2. Notices. Any notice, instrument, payment or document required to be given or delivered under this Agreement shall be given or delivered by personal delivery or by depositing the same in a United States Mail depository, first class postage prepaid, and addressed as follows: If to OCWD: Orange County Water District 18700 Ward Street Fountain Valley, CA 92708 Attn: General Manager If to Citv: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Attn: City Manager or such other address as either party may direct in writing to the other. Service of any instrument or document given by mail shall be deemed complete upon receipt if delivered personally, or 48 hours after deposit of such instrument or document in a United States mail depository, first class postage prepaid, and addressed as set forth above. 4.3. Compliance with Laws. The City shall keep itself informed of all existing and future state and federal laws and all county, municipal ordinances and regulations, which in any manner effect its performance of this Agreement. The City shall at all times observe and comply with all such laws, ordinances and regulations. 4.4. Records and Review. The City shall keep and maintain all records, accounts and reports relating to this Agreement and its performance hereunder for a period of three years following the expiration of this Agreement. OCWD shall have access to such records at any City of 8atrta Ana Agreement xx ..1.08/02/13 -5- xxxxx.l 251-9