Agmt 2006 EBDA - Laserfiche WebLink

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reimbursing EBDA for any costs of compliance with all water quality or NPDES permit requirements which result wholly, or in part, from the performance of this Agreement. 7. Responsibility for Obtaining Permits City shall be responsible for all permit related issues, including obtaining all permits issued by any governmental agency including, but not limited to, the Regional Water Board or State Water Board and the Alameda County Health Department. 8 . Use of Recycled Water All recycled water produced as a result of the performance of this Agreement shall be used solely for public purposes including, but not limited to, irrigation of public parks and the municipal golf course. City is prohibited from selling the recycled water commercially either itself or through a private or public water purveyor (e.g. East Bay Municipal Utility District) without the written permission ofEBDA. The parties intend that should the City wish, in the future, to sell water commercially, that the terms of this Agreement will be renegotiated to recognize the change in water use. 9. Termination Notwithstanding any other provisions of this Agreement to the contrary, EBDA shall not terminate this Agreement, except for good cause, for a period offive (5) years from the date of execution of this Agreement. Except as otherwise provided herein, either party may terminate this Agreement without cause upon one (1) year's written notice to the other party. In the event of termination, City shall be solely responsible for securing the "tap in" connection and ensuring EBDA's forcemain is in an equivalent or better condition as existed prior to the commencement of this Agreement. "For good cause" as used herein includes, but is not limited to, violations of this Agreement by the non-terminating party. EBDA/San Leandro Water Recycling 3 September 7, 2006