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13 <br />EBDA/LAVWMA Master Agreement July 1, 2021 <br />residual at all times at the San Leandro sample station. The General Managers of the Parties may <br />agree to an alternative means of demonstrating bacteria compliance as an outcome of EBDA’s <br />Disinfection Master Plan. EBDA shall perform the dechlorination requirements imposed by both <br />federal and state agencies. <br />5.10 Failure to Meet Discharge Requirements. LAVWMA shall hold EBDA harmless <br />from all liability and damages incurred by EBDA as a direct and proximate result of any failure <br />by LAVWMA to meet the discharge requirements specified in Paragraph 5.9, including but not <br />limited to legal, engineering, administrative expenses, fines, and damages incurred by EBDA or <br />its member agencies as a result of any order issued by any federal, state or regional agency or any <br />order or injunction issued by any court of law. Upon notification of each violation, LAVWMA <br />will take prompt, corrective actions as necessary to meet said discharge requirements. <br />In the event that LAVWMA is made responsible for any fines, sanctions, or damages <br />imposed due to the failure of EBDA to meet discharge requirements described in Paragraph 5.9, <br />EBDA will hold LAVWMA and its member agencies free and harmless from liabilities and <br />damages incurred by it, which liabilities and damages are the direct and proximate result of a <br />violation by EBDA which liabilities and damages include, but are not limited to, legal, <br />engineering, administrative expenses, fines and damages incurred by LAVWMA or its member <br />agencies as a result of any order issued by any federal, state or regional agency or by any order <br />or injunction issued by any court of law. Upon notification, EBDA shall take prompt and <br />corrective action as may be necessary to meet said discharge requirements. <br />5.11 Ownership of Wastewater. LAVWMA will retain ownership of its wastewater until <br />it is discharged into EBDA’s force main system. Thereafter, EBDA owns said wastewater. <br />LAVWMA maintains the right to market its wastewater for recycling purposes within EBDA’s <br />DocuSign Envelope ID: 2015A7A9-8BAE-4CD6-9738-D2CFBB077285