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JDK:bc: 10/10/88 <br />date of this Agreement, OCWD shall pay the cost of connecting <br />or reconnecting the landscape irrigation or industrial water <br />facilities of each Project Customer or Groundwater Customer <br />then connected to the Project Facilities to the domestic <br />water distribution facilities of RETAILER. <br />9.7 No Duplication of Services Intended or Created: <br />OCWD and RETAILER mutually understand and agree that the con- <br />struction and operation of the Project Facilities and the <br />distribution and sale of Project Water by OCWD to RETAILER <br />for sale by RETAILER to Project Customers pursuant to this <br />Agreement do not constitute either a duplication of <br />RETAILER's retail water service or a taking of any property <br />of RETAILER within the meaning of Section 1501, et sem. of <br />the California Public Utilities Code. RETAILER shall have no <br />right to institute any action against OCWD pursuant to <br />Sections 1503, 1504 or 1505.5 of the Public Utilities Code by <br />reason of the construction and operation of the Project <br />Facilities and the distribution and sale of Project Water by <br />OCWD to RETAILER in conformance with this Agreement. <br />9.8 Warranty: OCWD represents and warrants that under <br />the OCWD Act OCWD, without the consent of any other public <br />agency water purveyor, may enter into this Agreement to <br />deliver and sell Project Water to RETAILER for resale by <br />RETAILER to Project Customers or lands within the service <br />boundaries of RETAILER. <br />9.9 Construction: This Agreement shall be construed <br />according to its plain meaning and as if prepared by all <br />25B-32 <br />EXHFE 1 <br />