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2.3.4 The parties understand and agree that OCWD's rights to construct, <br />maintain, operate„ inspect, repair and replace the Project Facilities within <br />the lands and rights -of -way of RETAILER do not constitute vested <br />property rights and are expressly subject to and governed solely by this <br />Agreement. <br />2.4 The parties acknowledge that RETAILER has, at no cost to OCWD, provided <br />metering devices meeting RETAILER's specifications, and that these metering devices are <br />owned, operated and maintained by RETAILER for the purpose of measuring the quantity of <br />Project Water purchased by RETAILER and resold by RETAILER to each Project Customer, In <br />the event that OCWD and RETAILER determine to expand the Green Acres Project to serve one <br />or more new Project Customers, RETAILER shall provide a metering device for each new <br />Project Customer, and shall own, operate and maintain it at no cost to OCWD. RETAILER shall <br />be responsible for ensuring the accuracy of all metering devices used to measure the quantity of <br />Project Water delivered to each existing or new Project Customer. Any costs incurred in <br />modifying the size of existing RETAILER meters shall be the responsibility of RETAILER; <br />provided, however, that RETAILER has the discretion to delegate that duty to a Project <br />Customer, so long as RETAILER remains ultimately responsible to OCWD for the accuracy of <br />the metering device. The quantity of Project Water measured by the meters to be owned, <br />operated and maintained by RETAILER shall be the sole basis for determining the quantity of <br />Project Water delivered to Project Customer under Section Three of this Agreement. In the event <br />that a meter measuring the quantity of Project Water delivered by RETAILER for resale to a <br />Project Customer indicates a lesser quantity than OCWD's meter measuring the quantity of <br />Project Water delivered to RETAILER for resale to a Project Customer, OCWD shall be <br />responsible for the cost of such difference, and RETAILER shall not be liable therefor. In the <br />event RETAILER has a separate metering device serving exclusively non -potable uses on the <br />premises of a Project Customer, OCWD may sell Project Water to RETAILER by connecting the <br />Project Facilities distribution pipeline system directly to the separate non -potable meter so long <br />as the standards and requirements of RETAILER and any other governmental agency having <br />jurisdiction over the quality of Project Water are satisfied. <br />2.5 RETAILER shall implement and maintain measures to avoid the risk that Project <br />Water may enter into RETAILER's potable water distribution system at no cost to OCWD. The <br />parties acknowledge that the non -potable Project Water system has been marked with separate <br />marking in accordance with standards and regulations in existence when the Project Water <br />system was constructed, and that any extensions of the Project Water system shall be separately <br />marked as required by law. <br />2.6 The Project Water distribution pipeline system has been constructed by OCWD <br />with sufficient capacity to allow RETAILER to serve the landscape irrigation and industrial <br />water users participating as Project Customers as shown in Exhibit C. OCWD shall sell to <br />RETAILER, and RETAILER shall purchase from OCWD, sufficient quantities of Project Water <br />for RETAILER to sell to those Project Customers. OCWD and RETAILER mutually understand <br />4 of 20 <br />