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JDX:bc: 10/10/88 <br />1.3.3 OCWD agrees to use its best efforts to <br />minimize noise, dust, pollution and problems relating to <br />police and fire protection within the boundaries of <br />RETAILER throughout construction, operation and <br />maintenance of the Project Facilities within RETAILER's <br />boundaries. <br />1.3.4 OCWD agrees to construct, operate and <br />maintain the Project Facilities within the boundaries of <br />RETAILER in conformance with the "Standard Provisions <br />for Water System Construction in the City of Santa Ana," <br />as the same now reads or as may hereafter be amended at <br />the time of such Project Facilities construction, <br />operation or maintenance, as the case may be, a copy of <br />which is on file in the office of RETAILER's Director of <br />Public Works, and to which copy reference is hereby made <br />for full particulars. <br />1.3.5 The parties understand and agree that <br />OCWD's rights to construct, maintain, operate, inspect, <br />repair and replace the Project Facilities within the <br />lands and rights-of-way of RETAILER do not constitute <br />vested property rights and are expressly subject to and <br />governed solely by this Agreement. <br />1.4 OCWD shall, at no cost to RETAILER, provide a <br />metering device meeting RETAILER's specifications, to be <br />owned, operated and maintained by RETAILER, for the purpose <br />of measuring the quantity of Project Water purchased by <br />RETAILER and resold by RETAILER to each 'Project Customer. <br />25B-8 <br />-6- <br />EXHIBIT 1 <br />