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(b) Use of the Other Party's Secondary Effluent. Except as provided in Section <br /> 6(b) herein, neither party may convey, lease, assign, license, permit, utilize or transfer <br /> Secondary Effluent or Recycled Water Rights of the other party without the written agreement <br /> of the other party. The parties agree it is in their best interests to jointly identify and implement <br /> ways to recycle water. Any party's future use of the other party's Secondary Effluent shall <br /> only occur by mutual agreement of the parties. <br /> (c) Indemnification. Either party using Secondary Effluent from the Regional <br /> Sewerage Facilities for Recycled Water agrees to hold the other party harmless from any <br /> claims or costs associated with such use. No Regional Funds shall be used to defend or <br /> satisfy any claims or costs associated with the use of Secondary Effluent for Recycled Water <br /> unless Recycled Water Facilities become a Regional Facility. <br /> 4. Groundwater Recharge Restrictions. District has determined that the District will <br /> not exercise District's authority to proceed with Groundwater Recharge at this time, and that <br /> District will not do so in the future without the express written concurrence by City with the <br /> District's determination that implementation of Groundwater Recharge is necessary and <br /> appropriate under the circumstances. City will not unreasonably withhold said concurrence <br /> and City may include public acceptance of Groundwater Recharge, along with other criteria, in <br /> determining said concurrence. <br /> 5. Recycled Water Storage. <br /> (a) General. District and City will work jointly to implement Recycled Water storage <br /> for the conjunctive uses of flood control, urban irrigation, agricultural irrigation and wastewater <br /> disposal. When adequate Recycled Water storage is available to District to deliver adequate <br /> water to meet the requirements of the DERWA Program utilizing only District's Secondary <br /> Effluent or District obtains an alternate source of Recycled Water or other water sufficient to <br /> meet the requirements of the DERWA Program, any and all District rights to use City's <br /> Secondary Effluent under Section 6 will terminate. <br /> (b) Good Faith Commitments. District and City will cooperate and work jointly with <br /> Zone 7 and others as required to develop and construct Recycled Water storage. District and <br /> City will support the use of said storage for Recycled Water storage, flood control and <br /> wastewater disposal. District will pursue sources of non potable water other than City's <br /> Secondary Effluent and Recycled Water storage to meet the requirements of the DERWA <br /> Program. District will assist and support the City development of a Recycled Water program <br /> using the City's Secondary Effluent. <br /> Page 4 of 8 <br /> H: \Board \Draft \AGREE \3rd Sup with Pton.doc <br />