DUBLIN SAN RAMON SERVICES WASTEWATER DISPOSAL (13-1172C)

b. If completion of CEQA review identifies any significant adverse environmental effects from the City's Recycled Water Program, the Parties retain full discretion to disapprove this Agreement or to revise this Agreement as necessary to implement any feasible mitigation measures or alternatives that would avoid or reduce such significant effects as provided by CEQA; provided that District's discretion to disapprove or revise this Agreement shall be limited to responding to any significant adverse environmental effects that lie within District's legal jurisdiction as a responsible agency under CEQA. District will reasonably cooperate with City regarding the implementation of any feasible mitigation measures, mitigation monitoring or alternatives adopted in the final CEQA review, but under no circumstances shall District be responsible for the costs of implementing any mitigation measures, mitigation monitoring or alternatives that are adopted to avoid or reduce significant effects caused by the City Recycled Water Program. City shall pay the costs of implementing all mitigation measures, mitigation monitoring or alternatives that are adopted to avoid or reduce significant effects caused by the City Recycled Water Program. c. If any third party brings a legal challenge to the CEQA review conducted under this Section, City shall undertake the defense thereof at its sole expense, and shall indemnify, defend, and hold harmless District, and District's officers, employees, and agents, from any cost or expense, including attorney's fees, and costs incurred therein. District and City have a common interest in completing legally defensible CEQA review and in defending the CEQA review completed under this Section. District shall cooperate with City in defending the CEQA review completed under this Section. Page 13 of 18 H:\Boad\l0-22-13spc\5th Supplemental\5th Supplemental FINAL.Docx