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AGREEMENT This Santa Ana -Delhi Channel Diversion Project Agreement ("Agreement") is made as of this _ day of , 201_, ("Effective Date") by and among The City of Santa Ana, a California charter city ("SANTA ANA"), The Orange County Flood Control District, a body corporate and politic ("OCFCD"), The County of Orange, a political subdivision of the State of California ("COUNTY"), The City of Newport Beach, a California municipal and charter city ("NEWPORT BEACH"), The City of Costa Mesa, a California municipal corporation ("COSTA MESA"), The Orange County Water District, a subdivision of the State of California organized under Chapter 924 of the Statutes of 1933, as amended ("OCVVD' ), and The Irvine Ranch Water District, a. California water district organized under Section 34000 et seq. of the California Water Code (" IRWD"); which are sometimes individually referred to as "Party," or collectively referred to as "Parties." The following definitions shall hereinafter apply: Additional Annual O&M Costs - a Funding Party's proportionate share as specified in Exhibit C2 to cover annual O&M expenses upon exhaustion of the Initial O&M Deposit (as defined below). Additional Participant - a third parry point source discharger in the Watershed Area or other Project beneficiary that has entered into an agreement signed by all Parties committing its contribution toward the 0&M costs in order to receive regulatory compliance, offsets or credits offered by the Project. Santa Ana -Delhi Channel Diversion Project Agreement D15-013 Page 2 of 69 20C-8