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JDK:bc: 10/10/88 <br />amendments or modifications to the Project Rules not contrary <br />to this Agreement, or be required by any governmental agency <br />exercising jurisdiction over the distribution, sale or use of <br />the Project Water tomodify or amend the Project Rules, OCWD <br />shall promptly furnish such modifications or amendments to <br />RETAILER; and RETAILER shall, after being provided a ninety <br />(90) day period in which to review, comment upon, and/or meet <br />and confer with OCWD regarding such proposed modifications or <br />amendments, incorporate such modifications or amendments into <br />RETAILER's adopted rules and regulations. <br />5.4 RETAILER shall include in its promulgated rules and <br />regulations provisions requiring, whenever feasible and if <br />Project Water is available, that any new or future customer <br />of RETAILER, as a condition to receiving potable water <br />service from RETAILER, to become a Project Customer and to <br />accept and use Project Water in lieu of RETAILER's potable <br />water supply for appropriate landscape irrigation and <br />industrial purposes. RETAILER shall further include in its <br />promulgated rules and regulations a requirement that any new <br />or future Project Customer permit representatives of OCWD and <br />RETAILER to enter the premises of the Project Customer at all <br />reasonable times for the purpose of monitoring, inspecting, <br />analyzing and observing the Project Customer's on-site <br />Project Water facilities and the utilization by the Project <br />Customer of Project Water. <br />5.5 For purposes of paragraph 5.4 of this Agreement, <br />"feasibility" shall be presumed if OCWD and RETAILER mutually <br />25B-20 <br />-18- <br />EXHIBIT 1 <br />