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SECTION NINE: MISCELLANEOUS PROVISIONS <br />9.1 Notices: All notices, payments, transmittals of documentation and other writings <br />required or permitted to be delivered or transmitted to any of the parties under this Agreement <br />shall be personally served or deposited in a United States mail depository, first class postage <br />prepaid, and addressed as follows: <br />If to OCWIi: Orange County Water District <br />18700 Ward Street <br />P.O. Box 8300 <br />Fountain Valley, California 92728 <br />Attn: General Manager <br />If 10 RETAILER: City of Santa Ana. <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, California 92701 <br />Attn: Clerk of the Council <br />With a courtesy copy to: <br />Director. of Public Works <br />(same address as above) <br />or such other address or person as OCWD or RETAILER shall direct in writing. Service of any <br />instrument or writing by mail shall be deemed complete forty-eight (48) hours after deposit in a <br />United States mail depository. <br />9.2 Term and Amendment: The term of this Agreement shall be for thirty (30) years <br />from the date hereof. Either party shall have the right to terminate this Agreement by written <br />notice to the other at least three (3) years prior to the termination date. The parties must mutually <br />agree in writing to extend the term of this Agreement. This Agreement may only be amended or <br />modified by mutual agreement in writing of OCWD and RETAILER. <br />9.3 Limitation on Sales by OCWD: OCWD acknowledges and agrees that, except as <br />provided herein or with the prior written consent of RETAILER, OCWD is not now and will not <br />in the future become a wholesale or retail seller of Project Water within the service boundaries of <br />RETAILER without RETAILER's written consent, and OCWD further agrees that it will not use <br />or contract with any entity other than RETAILER for the purpose of selling and distributing <br />Project Water within the service boundaries of RETAILER. <br />9.4 Basin Limitations: OCWD and RETAILER mutually understand and agree that <br />any and all Project Water delivered and sold by OCWD hereunder shall not constitute either <br />"supplemental sources" or "groundwater supplies" for the purpose of the annual establishment of <br />13 of 20 <br />