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THE METROPOLITAN WATER OGSTRICT Of SOUTHERN MRMNA114 <br />City of Santa Ana -3- <br />party. Upon, such termination, Santa Ana will provide <br />Metropolitan, with all documentation verifying the implementation <br />and costs of Project up to and including the date of termination. <br />The value of services performed up to and including the date of <br />termination, will be determined in accordance with labor and <br />equipment costs as outlined under Section VII, Project Budget in <br />Exhibit A. If it is determined that funds are due from <br />Metropolitan, Metropolitan will credit these funds to Santa Ana <br />within 60 days from date it was determined that the funds are <br />due. These funds will be transferred, by means of a credit on <br />Metropolitan's water service billing to Santa Ana. If the <br />reconciliation indicates Metropolitan has remitted excess funds <br />to Santa Ana, Metropolitan will invoice Santa Ana for the excess <br />funds. <br />_NOO- • -� - tT <br />S. Throughout the Term of this Agreement, on a bimonthly <br />basis, Santa Ana will report to Metropolitan progress and actual <br />cost of Project, and estimated water savings. At either <br />completion of Project or the end of the Term of this Agreement, a <br />final report from Santa Ana will be provided to Metropolitan, <br />verifying implementation and cost of Project. <br />3esponsi32ili ties, <br />9. Santa Ana will pay invoiced amounts to Metropolitan <br />within 40 days from the date of invoice. If payment is received <br />after the due date, but within the first 30 days after the due <br />date, a penalty will be assessed of one-half percent of the total <br />invoice amount. If payment is received more than 30 days after <br />the due date, a penalty of one-half percent of the total invoice <br />amount will be assessed each 30 days thereafter. <br />10. Santa Ana is responsible for providing sufficient <br />qualified personnel and/or selecting a qualified independent <br />contractor to implement Project. Santa Ana is responsible for <br />the design, implementation, personnel, equipment and supplies, <br />and all capital and operating costs related to and incurred by <br />Project. All materials and equipment necessary to implement <br />Project are the exclusive property of Santa Ana. Metropolitan <br />has no ownership, right, title, security interest, or other <br />