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and 8 are material and are collectively indispensable to this Agreement, and if one <br /> or more of such provisions are held invalid or otherwise rendered ineffectual or <br /> unenforceable, this Agreement will fail to fulfill its purposes and will thereby <br /> terminate in its entirety without any further action of any of the parties. Should this <br /> Agreement be terminated pursuant to the preceding sentence [or in any manner <br /> other than the mutual consent of the Parties], City shall reimburse to District one- <br /> tenth of the amount specified in Section 3 for each of the first ten years of the term <br /> of this Agreement that City Secondary Effluent not being used for the production of <br /> Recycled Water for use or delivery by the City Recycled Water Program is not <br /> made available for the DSRSD Recycled Water Program. For example, if the <br /> Agreement is terminated during the third year after the effective date of this <br /> Agreement, City would be obligated to repay $87,500 to District. ($125,000 — <br /> $37,500 ($12,500 x 3) = $87,500). <br /> 13. Paragraph Headings. Paragraph and subparagraph headings contained herein <br /> are for convenience only and shall not be deemed to amend, or affect the <br /> interpretation of, the paragraph or subparagraphs headed thereby. <br /> 14. CEQA Compliance. Despite all the preceding provisions of this Agreement, the <br /> legal effectiveness of the Agreement is contingent on the Parties' completion of <br /> CEQA review. <br /> a. City shall perform the role of lead agency in completing CEQA review for the <br /> City's Recycled Water Program, including the project to expand the DERWA <br /> Recycled Water Program by 1.9 MGD to provide Recycled Water for the <br /> City's Recycled Water Program, and District shall perform the role of a <br /> responsible agency. DSRSD will cooperate with City and with any <br /> environmental consultant retained by City to assist with the CEQA review, and <br /> provide the technical information in its custody or control regarding the <br /> DERWA Recycled Water Program and Recycled Water supply as reasonably <br /> needed for the completion of the CEQA review. Except for the District's effort <br /> described in the preceding sentence, City shall pay all costs of the CEQA <br /> review. <br /> Page 12 of 18 <br /> H:\Board\10-22-13spc\5th Supplemental\5th Supplemental FINAL.Docx <br />