Common use of Term and Amendments Clause in Contracts

Term and Amendments. 7.1 The Agreement shall commence on the first date herein written and shall terminate on December 31, 2042, subject to provisions outlined in Exhibit D. LRP payments began in January 2018 and will end no later than December 31, 2032. Project must continue to produce until December 31, 2042, even after LRP payments are reduced to zero, subject to reimbursement provisions outlined in Exhibit F, incorporated herein by this reference. The provisions regarding reconciliation and audit shall remain in effect until three years after Agreement termination. 7.2 This Agreement may be amended at any time by the written mutual agreement executed by each of the Parties. 7.3 In addition to the termination provisions provided for in Section 5.2 and Exhibit D, Metropolitan may terminate this Agreement, upon thirty (30) days notice to SMWD on the occurrence of one the following: a. A material breach of this Agreement by any party other than Metropolitan; or b. Metropolitan is not required to make payments to SMWD pursuant to the terms of this Agreement for a five-consecutive year period subsequent to Project operation. 7.4 Each Party represents that it is represented by legal counsel, that it has reviewed this Agreement and agrees that: a. This Agreement is legally enforceable; b. Payments made by Metropolitan to SMWD through MWDOC pursuant to this Agreement are a legal use of Metropolitan’s funds; and c. Metropolitan may legally recover the costs incurred by Metropolitan pursuant to this Agreement in the water rates charged to its Member Agencies, including MWDOC.

Term and Amendments. 7.1 The Agreement shall commence on the first date herein written and shall terminate on December October 31, 20422044, subject to provisions outlined in Exhibit D. LRP payments began in January 2018 November 2019 and will end no later than December October 31, 20322034. Project must continue to produce until December October 31, 20422044, even after LRP payments are reduced to zero, subject to reimbursement provisions outlined in Exhibit F, incorporated herein by this reference. The provisions regarding reconciliation and audit shall remain in effect until three years after Agreement termination. 7.2 This Agreement may be amended at any time by the written mutual agreement executed by each of the Parties. 7.3 In addition to the termination provisions provided for in Section 5.2 5.2, and Exhibit D, Metropolitan may terminate this Agreement, upon thirty (30) days day’s notice to SMWD El Toro on the occurrence of one the following: a. A material breach of this Agreement by any party other than Metropolitan; or b. Metropolitan is not required to make payments to SMWD El Toro pursuant to the terms of this Agreement for a five-consecutive year period subsequent to Project operation. 7.4 Each Party represents that it is represented by legal counsel, that it has reviewed this Agreement and agrees that: a. This Agreement is legally enforceable; b. Payments made by Metropolitan to SMWD El Toro through MWDOC pursuant to this Agreement are a legal use of Metropolitan’s funds; and c. Metropolitan may legally recover the costs incurred by Metropolitan pursuant to this Agreement in the water rates charged to its Member Agencies, including MWDOC.

Term and Amendments. 7.1 The Agreement shall commence on the first date herein written and shall terminate on December 31, 2042, subject to provisions outlined in Exhibit D. LRP payments began in January 2018 and will end no later than December 31, 2032. Project must continue to produce until December 31, 2042, even after LRP payments are reduced to zero, subject to reimbursement provisions outlined in Exhibit F, incorporated herein by this reference. The provisions regarding reconciliation and audit shall remain in effect until three years after Agreement termination. 7.2 This Agreement may be amended at any time by the written mutual agreement executed by each of the Parties. 7.3 In addition to the termination provisions provided for in Section 5.2 and Exhibit D, Metropolitan may terminate this Agreement, upon thirty (30) days notice to SMWD on the occurrence of one the following: a. A material breach of this Agreement by any party other than Metropolitan; oror DRAFT b. Metropolitan is not required to make payments to SMWD pursuant to the terms of this Agreement for a five-consecutive year period subsequent to Project operation. 7.4 Each Party represents that it is represented by legal counsel, that it has reviewed this Agreement and agrees that: a. This Agreement is legally enforceable; b. Payments made by Metropolitan to SMWD through MWDOC pursuant to this Agreement are a legal use of Metropolitan’s funds; and c. Metropolitan may legally recover the costs incurred by Metropolitan pursuant to this Agreement in the water rates charged to its Member Agencies, including MWDOC.

Term and Amendments. 7.1 The Agreement shall commence on the first date herein written and shall terminate on December October 31, 20422044, subject to provisions outlined in Exhibit D. LRP payments began in January 2018 November 2019 and will end no later than December October 31, 20322034. Project must continue to produce until December October 31, 20422044, even after LRP payments are reduced to zero, subject to reimbursement provisions outlined in Exhibit F, incorporated herein by this reference. The provisions regarding reconciliation and audit shall remain in effect until three years after Agreement termination. 7.2 This Agreement may be amended at any time by the written mutual agreement executed by each of the Parties.. DRAFT 7.3 In addition to the termination provisions provided for in Section 5.2 5.2, and Exhibit D, Metropolitan may terminate this Agreement, upon thirty (30) days day’s notice to SMWD El Toro on the occurrence of one the following: a. A material breach of this Agreement by any party other than Metropolitan; or b. Metropolitan is not required to make payments to SMWD El Toro pursuant to the terms of this Agreement for a five-consecutive year period subsequent to Project operation. 7.4 Each Party represents that it is represented by legal counsel, that it has reviewed this Agreement and agrees that: a. This Agreement is legally enforceable; b. Payments made by Metropolitan to SMWD El Toro through MWDOC pursuant to this Agreement are a legal use of Metropolitan’s funds; and c. Metropolitan may legally recover the costs incurred by Metropolitan pursuant to this Agreement in the water rates charged to its Member Agencies, including MWDOC.