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MISCELLANEOUS: <br />This Purchase Order will be interpreted, governed and enforced in accordance with the <br />laws of the State of California. <br />This Purchase Order will apply to and bind the successors and assigns of the Purchaser <br />and Metropolitan. <br />No assignment or transfer of the rights of the Purchaser under this Purchase Order will <br />be valid and effective against Metropolitan or the Purchaser without the prior written consent of <br />Metropolitan and the Purchaser. <br />If at any time during the Term, by reason of error in computation or other causes, there <br />is an overpayment or underpayment to Metropolitan by the Purchaser of the charges provided <br />for under this Purchase Order, which overpayment or underpayment is not accounted for and <br />corrected in the annual re-determination or reconciliation of said charges, the amount of such <br />overpayment or underpayment shall be credited or debited, as the case may be, to the <br />Purchaser. Metropolitan will notify the Purchaser in writing regarding the amount of such credit <br />or debit, as the case may be. In no case will credits or debits for charges provided for under this <br />Purchase Order be administered beyond the limit for billing adjustments as specified in <br />Metropolitan's Administrative Code. <br />IN WITNESS WHEREOF, this Amended and Restated Purchase Order is executed by <br />the duly authorized officers of the Metropolitan Water District of Southern California and City of <br />Santa Ana, as of December , 2012. <br />THE METROPOLITAN WATER DISTRICT OF <br />SOUTHERN CALIFORNIA <br />By: <br />Jeffrey Kightlinger <br />General Manager <br />APPROVED AS TO FORM AND CONTENT: <br />General Counsel <br />CITY OF SANTA ANA <br />By: L( CX,_ ?? <br />Pau M. alters <br />[Title] City Manager <br />APPROVED AS TO FORM <br />...?1 ?' <br />s.. T <br />General R-gilf}§ak City Attorney, <br />By: By: <br />co?ended for Approval <br />L <br />ATTEST: By <br />'? Raul Godinez, II <br />MARIA D. HUIZAR? <br />CLERK OF THE C UNCIL _3_ Executive Director, Public Works Agency