LAVWMA AND EBDA - Laserfiche WebLink

16 EBDA/LAVWMA Master Agreement July 1, 2021 case-by-case basis subject to a separate agreement between the Parties. LAVWMA’s share of the costs are identified in Exhibit B. 6.2 Capital Project Costs. LAVWMA is responsible for its share of costs for any capital project that is intended to replace or repair any EBDA facility, except those costs specifically associated with UEPS, HEPS and their associated force main sections, as well as facilities owned by the City of San Leandro. Projects covered by this section do not include those projects covered under Section 6.1. Costs attributable to LAVWMA are exclusive of funds received from insurance or state or federal relief. LAVWMA’s cost sharing allocation is identified in Exhibit B. 6.3 Capital Buy-in. LAVWMA previously paid to EBDA: (a) the sum of approximately six million dollars ($6,000,000) under the Prior Agreements, which included 10.43% of the actual construction costs of the EBDA pipelines and dechlorination station north of OLEPS, 10.43% of replacement costs, as well as indirect costs and industrial recovery cost, and (b) the sum of ten million dollars ($10,000,000) under the Master Agreement, which was paid in full as of August 11, 2018, to “buy-in” to the EBDA System. These capital buy-in charges represented a fair and equitable share of project development and capital costs to expand the EBDA System to accommodate LAVWMA’s flow for the life of the EBDA System. LAVWMA shall have no additional buy-in obligations attributable to LAVWMA’s use of and capacity rights in the EBDA System. 7. Mutual Indemnification Each Party shall operate and maintain its systems so as not to damage the other Party’s system. Each Party shall hold the other free and harmless from all liability or damages incurred by the other as a direct and proximate result of any failure by such Party to properly operate and maintain its system. DocuSign Envelope ID: 2015A7A9-8BAE-4CD6-9738-D2CFBB077285