METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (2)

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MISCELLANEOUS: This Purchase Order will be interprotod, governed and enforced in accordance with the laws of the State of California. This Purchase Order will apply to and bind the successors and assigns of the Purchaser and Metropolitan. No assignment or transfer of the rights of the Purchaser under this Purchase Order will be valid and effective against Metropolitan or the Purchaser without the prior written consent of Metropolitan and the Purchaser. If at any time during the Term, by reason of error in computation or other causes, there is an overpayment or underpayment to Metropolitan by the Purchaser of the charges provided for under this Purchase Order, which overpayment or underpayment is not accounted for and corrected in the annual re -determination or reconciliation of said charges, the amount of such overpayment or underpayment shall be credited or debited, as the case may be, to the Purchaser. Metropolitan will notify the Purchaser in writing regarding the amount of such credit or debit, as the case may be. In no case will credits or debits for charges provided for under this Purchase Order be administered beyond the limit for billing adjustments as specified in Metropolitan's Administrative Code. IN WITNESS WHEREOF, this Amended and Restated Purchase Order is executed by the duly authorized officers of the Metropolitan Water District of Southern California and City of Santa Ana, as of December _, 2012. THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA 0 Jeffrey Kightlinger General Manager APPROVED AS TO FORM AND CONTENT: General Counsel CITY OF SANTA ANA By: c ( LXti - lJC � Pau M. pia ters [Title] City Manager APPROVED AS TO ]CORM T.almq Stitt General �fg4 City Attorney By: cam ended for Approval A'TTESTa �y Raul Godinez, II MARIAD. HU1�AR Executive Director, Public Works Agency CLERK OF THE C rUN -3-