Agmt 2002 East Bay Municipal Utility District EBMUD

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2.02 Requests for Sewer Service Charge Rate and Structural Changes. a. Frequency of Requests. The District agrees to implement either one sewer service charge rate change or one sewer service charge structural change per calendar year. Although the Agency may request other rate or structural changes, it is wholly within the District's discretion to determine whether to implement the Agency's request. b. Form of Requests. All requests for rate and structural changes shall be submitted in the form attached hereto as Exhibit A. The Agency shall submit the required information to effect a rate change sixty (60) days prior to the beginning date of the bill period for which the new rate will apply. Said sixty (60) days shall commence upon receipt of approved revised Sewer Service Charges and Rates sheet. The Agency shall submit the required information to effect a structural change six (6) months prior to implementation of said change. Said six month period shall commence upon payment by Agency of the deposit described below. c. Charges to Process Requests. Charges to process any rate or structural change shall be in addition to other charges set forth in this Agreement and shall be based upon the actual costs to process and implement the change. For requested rate changes, District will provide to Agency an estimate of the cost to implement the rate change within thirty (30) days of Agency's request therefore. Agency understands and agrees that the actual cost to implement the rate change could exceed District's estimate and further agrees to pay said actual costs within thirty (30) days of receipt of District's invoice therefore. For requested structural changes, Agency agrees to deposit with the District a sum equal to fifty percent (50 %) of District's -4-