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SECTION TWO: FACILITIES FOR DELIVERY AND DISTRIBUTION OF PROJECT
<br />WATER
<br />2,1 The parties acknowledge that OCWD has constructed, operates, owns, and
<br />maintains, the Careen Acres Project, and all facilities to produce, transport and distribute Project
<br />Water for the herein specified purposes (hereinafter, the "Project Facilities"). A plat map
<br />depicting that portion of the Project Facilities which OCWD constructed, operates and maintains
<br />within the boundaries of RETAILER is attached hereto as Exhibit B.
<br />2.2 The constructed Project Facilities include a distribution pipeline system from the
<br />site of the Green Acres Project: Water Treatment Facility, located at 18700 Ward Street, Fountain
<br />Valley, California, to the point of connection to each of the proposed Project Water customers
<br />within the boundaries of RETAILER (hereinafter, "Project Customers"), for the purpose of
<br />distributing Project Water to RETAILER at the points of connection of the Project Customers for
<br />purchase by RETAILER and resale to the Project Customers. The names and anticipated annual
<br />Project Water demands of each existing and currently allowed new Project Customer are set
<br />forth in Exhibit C.
<br />2.3 The parties acknowledge that the Project Facilities are owned by OCWD, and
<br />OCWD shall perform maintenance, emergency response, repair and replacement of the Project
<br />Facilities located within the boundaries of RETAILER. RETAILER may perform, on behalf of
<br />OCWD, maintenance, emergency response, repair and replacement of the Project Facilities
<br />located within the boundaries of RETAILER, pursuant to paragraph 5.1 herein below and
<br />arranged in writing prior to any such activity. In this regard:
<br />2.3.1 The parties agree to restore, or cause Project Customer to restore, roads,
<br />streets, alleys, avenues„ highways„ drainage facilities, or any other public
<br />way or property used for construction, operations, or maintenance of the
<br />Project Facilities within RETAILER's boundaries to at least the same
<br />condition existing prior to construction, operation or maintenance of the
<br />Project Facilities, to the reasonable satisfaction of RETAILER and
<br />OCWD.
<br />2.3.2 The parties agree to provide, or cause Project Customer to provide,
<br />adequate safeguards to afford security to life and property during
<br />construction, operation, and maintenance of the Project Facilities, with due
<br />regard being given to other existing uses of public roads, streets, alleys,
<br />avenues, highways, drainage facilities, public ways and property within
<br />the boundaries of RETAILER.
<br />2.3.3 The parties agree to use, or cause Project Customer to use, its best efforts
<br />to minimize noise, dust, pollution and problems relating to police and fire
<br />protection within the boundaries of RETAILER throughout construction,
<br />operation and maintenance of the Project Facilities within RETAILER's
<br />boundaries.
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