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

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Effective Date. This Agreement shall become effective on the date first above written. 2. Definitions. For purposes of this Agreement, the following words, terms and phrases shall have the following meanings when capitalized. Other words, terms and phrases shall have the same meaning as provided in the Basic Agreement and appropriate supplements. a. DERWA — The DSRSD-EBMUD Recycled Water Authority, a Joint Powers Authority comprised of Dublin San Ramon Services District and East Bay Municipal Utility District. b. Regional Expansion Fund. That fund maintained by the District for the purpose of funding expansions to the Regional Facilities and paying debt and other obligations related to prior expansions of the Regional Facilities. 3. Purpose and Intent. The terms and conditions of this Agreement constitute the sole and exclusive provisions governing the District's Clean Water Revival Project. This Agreement fully and finally resolves any and all outstanding issues and claims between the Parties related to the District's Clean Water Revival Project and, as and to the extent specified in Section 7, supersedes the First Supplemental Agreement. 4. Fund Transfers. a. Transfer from Regional Expansion Fund Within 30 days of the Effective Date of the Fifth Supplemental Agreement the District shall transfer $2,311,713 from the Regional Expansion Fund to its Water Expansion Fund representing the value of the wastewater disposal capacity that the Parties' respective Recycled Water Programs have in the past and present and will in the future provide to the wastewater expansion fund related to the year round use of recycled water that the Party's Recycled Water Programs deliver. The amount was determined in accordance with the calculation presented in Exhibit A. b. Transfer from District Water Expansion Fund Within 30 days of the Page 3 of 10