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maintain an accurate record of the shared sanitary sewers and the appropriate unit flow factors and <br />proportionate flows. <br />3. ARBITRATION. <br />If the parties are unable to agree on the necessity, cost, or apportionment of cost of repair, <br />replacement, or construction of shared sanitary sewers, upon mutual agreement of the parties, the <br />matter may be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title <br />9, Sections 1280 et seq. <br />If the parties do not mutually agree to arbitration, either Party may pursue all remedies <br />available to it under law, including the initiation of legal proceedings to determine each Party's <br />rights and obligations. <br />4. ENFORCEMENT OF DISCHARGE REGULATIONS <br />(a) Primary Enforcement Responsibility. <br />Each Party agrees to keep in force and effect ordinances, regulations, and/or procedures <br />regulating discharges of materials and substances into the sanitary sewers within its jurisdiction <br />(collectively, "Discharge Regulations"), which are required by, and comply with, all Applicable <br />Laws and Regulations. Each Party shall have primary responsibility for enforcing its own Discharge <br />Regulations. For purposes of this Agreement, the term "enforcement" shall include monitoring, <br />inspection, sampling, investigation of past and potential discharge violations, issuance of <br />administrative orders and compliance schedules, recovery of administrative and civil penalties, <br />obtaining injunctive relief to ensure compliance with applicable Discharge Regulations, and any <br />other actions taken to ensure compliance with applicable Discharge Regulations. Nothing herein <br />shall be construed to limit the ability of either Party to enforce its own Discharge Regulations or the <br />terms and conditions of any sewer connection or discharge permits issued by such Party. <br />(b) Cooperation in Enforcement. <br />(i) Either Party may request to participate with or accompany inspections being <br />conducted within the areas tributary to the shared sanitary sewers that are outside of <br />the requesting Party's jurisdiction, and the inspecting Party shall reasonably <br />accommodate all such requests. <br />(ii) The Parties agree to cooperate in exchanging reports, correspondence and other <br />information relating to the discharges in the service areas within their respective <br />jurisdictions which are tributary to the shared sanitary sewers, including data on all <br />point sources relating to discharge quality, and information produced as a result of <br />monitoring; inspection and enforcement. It is the intent of the parties that, except in <br />an emergency as set forth in Section 3(b) (iii), if either Party determines that <br />enforcement actions or additional enforcement actions are or may be needed with <br />respect to a discharge originating within the other Party's jurisdiction, the Party so <br />determining shall notify the other Party, and the Parties shall meet and confer in order <br />to determine the appropriate enforcement actions to be taken and the roles of the <br />Parties. <br />25D-20 <br />579683.1 6 <br />