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3- <br />15966623.1 <br />NOW THEREFORE, Hayward, San Leandro, Oro Loma, Castro Valley, and Union, for <br />and in consideration of the mutual promises and agreements herein contained, do agree as <br />follows: <br />Section 1. Definitions <br />Unless the context otherwise requires, the terms defined in this Section will, for all <br />purposes of this Agreement, have the meanings herein specified. <br />Agency and Agencies <br />The term "Agency" means either Hayward, San Leandro, Oro Loma, Castro Valley, or <br />Union. The term "Agencies" will mean two or more of these entities. <br />Agreement <br />The term " Agreement" means this Amended and Restated Joint Exercise of Powers <br />Agreement. <br />Auditor <br />The term "Auditor" means that individual designated by the Commission to assure proper <br />expenditure and accountability of funds and who is responsible for auditing and reporting of the <br />accounts and records of the Authority. <br />Authority <br />The term "Authority" means the joint powers agency, known as the East Bay Dischargers <br />Authority, which was created by the Joint Exercise of Powers Agreement dated February 15, <br />1974. <br />Capital Cost <br />The term "Capital Cost" means the cost of projects, involving construction, <br />reconstruction, erection, alteration, renovation, painting, waterproofing, improvement, <br />demolition or major repair work on the Facilities. <br />Commission <br />The term "Commission" means the East Bay Dischargers Authority Commission, being <br />the governing body of the Authority.