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users within the boundaries of RETAILER that may be added as Project Customers in <br />accordance with paragraphs 2.6, 2.7 and 2.8 above. <br />3.2 RETAILER shall purchase the Project Water from OCWD, at the point of its <br />metered commections, for an amount equal to OCWD's cost of producing and distributing Project <br />Water based on the methodology set forth in Exhibit D, as determined by OCWD after <br />consultation with the Operating Group defined in paragraph 3.3. Capital improvements such as <br />changes in treatment plant technology and distribution system operation shall be included in <br />OCWD's costs. OCWD shall annually calculate the Project Water rate, and provide written <br />notice to RETAILER of the then -effective Project Water rate. Upon request, OCWD shall <br />provide RETAILER with supporting data used to calculate the Project Water rate. OCWD shall <br />have discretion to smooth out anticipated increases in debt and capital improvement payments <br />over several years preceding and following actual OCWD cost incurrence years, in order to <br />avoid significant and sudden increases to the Project Water rate, When a smoothing method is <br />applied by OCWD, it will be discussed with the Operating Group, as defined in paragraph 3.3, <br />and disclosed on the annual revision of Exhibit D. The point of connection and sale of the <br />Project Water from OCWD to RETAILER shall be at the meter which measures the flow of <br />Project Water to each Project Customer, as described in paragraph 2.4 herein above. The parties <br />mutually recognizc and agree that the Project Water rate may change each year and. become <br />effective on July 1 of each year during the term of this Agreement. <br />3.3 Staff representatives of OCWD, RETAILER, and other retail agencies <br />participating in the Green Acres Project shall form an "Operating Group" to meet: at least once <br />prior to the annual publishing of the revised Exhibit D by OCWD, The Operating Group shall <br />meet and confer with regard to the proposed Exhibit D contents, future Exhibit D estimates, <br />planned Green Acres Project capital and repair projects, and review previous Green Acres <br />Project projects, Project Water performance, and revisions to Exhibit E. <br />3.4 The governing body of RETAILER shall establish the rate for the resale of <br />Project Water to each Project Customer in accordance with applicable legal requirements which <br />may include cost of service. <br />3.5 RETAILER shall read the Project Water meter for each Project Customer on a <br />one (1) month cycle or in concurrence with RETAILER's schedule for reading meters which <br />measure the quantity of potable water delivered by RETAILER. Within fifteen (15) days <br />thereafter, RETAILER shall transmit to OCWD a statement setting forth the Project Water rate <br />established by RETAILER pursuant to paragraph 3.4 during that billing period, a description of <br />the maintenance, repair and replacement activities of RETAILER on Project Facilities, the <br />amount of such actual costs incurred by RETAILER pursuant to paragraph 5.1 herein below <br />during that billing period, and indicating, for each Project Customer, the current meter reading, <br />the previous meter reading, and the total quantity of Project Water purchased from OCWD and <br />resold by RETAILER to such Project Customer during the billing period. Together with this <br />statement, RETAILER shall transmit to OCWD payment in accordance with paragraph 3.2 for <br />the Project Water purchased from OCWD by RETAILER and resold by RETAILER to all of the <br />6 of 20 <br />