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Section 5.7. Rate Stabilization Fund. <br />The District, fer its own account and Pleasanton's, hereby creates and herein agrees to <br />maintain, a fund, to be called the "Rate Stabilization rand," which the District agrees to <br />maintain, so long as t_ne L.=1VWi1~l~: 3onds (when, as, and if issued) and the Installment Sale <br />Agreement, the Cerrscates and anv Parity Obiigaticns are Outstanding, subject to the <br />following conditions: <br />(1) All Regional Connection Fees, whether collected by the District or collected by <br />Pleasanton and paid to the District, shall be deposited into the Rate Stabilization F~.ind. <br />(2) All amounts in the Rate Sta'r,111T.atinn Fund shall be available to oav the following; <br />(a) Expa.*~sion Project Debt Service; <br />(b) Repie_*~ishment or the Reserve Fund under the Trust Agreement and the <br />Reserve Account u_*~der the Indenture; <br />(c) Bond Redemptions; <br />(d) anv capital improvements permired to be paid for from the Regional <br />Connection Fees under the Regional Agreement, as well as anv reimbursement of <br />replacement reserves and anv funds other than Regional Connection Fees which have <br />been deposited therein or which have been advanced by the District or Pleasanton from <br />User Charges to pay Expansion Project Debt Service; and <br />(e) anv other purpose agreed to between t_he District and Pleasanton. <br />(3) The District shall attempt to maintain the Rate Stabilization Fund at the Target <br />Level; provided, that tlhe District shall not be required to fund the Rate Stabilization Fund from <br />revenues derived from User Charges assessed wastewater customers. <br />(4) Amounts in the Rate Stabilization Fund shall be available to pay the items listed in <br />Section 5.7 (2)(a) through (e) above; provided, that draws on the Rate Stabilization Fund shall <br />not cause the funds therein to fall below the Target Level, except as expressly hereinafter <br />provided. In the event draws on the Rate Stabilization Fund would cause the Rate Stabilization <br />Fund balance to tall below the Target Level, such draw shall be limited to pay Expansion <br />Project Debt Service, in an amount equal to the sum of: (i) one-third of the lesser of (a) the <br />Target Level, or (b) the amount then on hand in the Rate Stabilization Fund; plus (ii) the <br />amount then on hand in the Rate Stabilization Fund iri excess of the Target Level. <br />(5) The Rate Stabilization Fund may be depleted and closed if: (i) Expansion Project <br />Debt Service is in fact being paid entirely from User G`~arges; or (ii) if Expansion Project Debt <br />Service has been paid or provided for. <br />(6) For purposes of dete_Trnining the sufficiency of amounts held in the Rate <br />Stabilization Fund, the District shall receive a credit for amounts held by the Trustee in the Debt <br />Service Fund created colder Section -1.03 of the Indenture and the Installment Payment Fund <br />created under Section 5.02 of the Trust :~~ Bement. <br />t( }~ <br />