Page 126 - Yucaipa Valley Water District
P. 126
Director Memorandum No. 16-040 Page 6 of 24
use of the Capacity Rights, YVWD will be deemed to have knowledge of, and hereby
acknowledges compliance with all applicable ordinances, rules, regulations, orders
and permits, including any amendments thereto, affecting or relating to YVWD’s use
or rights to the Brine Line system.
5. Discharge Permit. Prior to utilizing the Capacity Rights, YVWD will be required to
amend its discharge permit and obtain the same from SAWPA and to make such
necessary arrangements with Valley District and SAWPA for the point of delivery of
such discharge and for payment of the costs of installation and maintenance of
facilities, if any, in connection therewith.
6. Default. In the event YVWD fails to pay any amounts owed when due, or if YVWD
otherwise fails to comply or perform its obligations under this Purchase Agreement or
under any ordinances, rules, regulations, orders or permits of OCSD, SAWPA, Valley
District or any other agency or authority with jurisdiction over use of the Brine Line
contemplated herein, Valley District shall provide YVWD with written notice of such
default. Upon receipt of the default notice, YVWD shall have thirty (30) days to cure
a default for failure to pay any amounts owed (“Cure Period”). If YVWD fails to cure
the default within the applicable Cure Period, Valley District may exercise any and
all rights available in law or in equity, or as otherwise available under any applicable
ordinances, rules, regulations, orders or permits.
7. Indemnification. YVWD hereby indemnifies, defends and holds Valley District
harmless from and against any and all claims, penalties, losses, costs, interest,
damages, liability, demands, and expenses (including attorneys’ fees and costs)
arising from or relating to any breach by YVWD of the terms of this Purchase
Agreement.
8. Attorneys’ Fees. If any legal action is necessary to enforce or interpret the terms of
this Purchase Agreement, the prevailing party in such action will be entitled to
reasonable attorneys’ fees and costs in addi tion to any other relief the prevailing party
may be entitled.
9. Assignment. This Purchase Agreement may not be assigned by YVWD without the
prior written consent of Valley District, which consent shall not be unreasonably
withheld.
10. Succession. This Purchase Agreement shall inure to the benefit of, and be binding
upon, the successors and assigns of each Party.
11. Entire Agreement. This Purchase Agreement, including any exhibits and schedules
hereto, contains the entire agreement between the Parties pertaining to the subject
matter hereof and fully supersedes all prior written or oral agreements and
understandings between the Parties pertaining to such subject matter. The captions
in this Purchase Agreement are for convenience only and shall not be considered a
part of or affect the construction or interpretation of any provision of this Purchase
Agreement.
Yucaipa Valley Water District - April 20, 2016 - Page 124 of 158
use of the Capacity Rights, YVWD will be deemed to have knowledge of, and hereby
acknowledges compliance with all applicable ordinances, rules, regulations, orders
and permits, including any amendments thereto, affecting or relating to YVWD’s use
or rights to the Brine Line system.
5. Discharge Permit. Prior to utilizing the Capacity Rights, YVWD will be required to
amend its discharge permit and obtain the same from SAWPA and to make such
necessary arrangements with Valley District and SAWPA for the point of delivery of
such discharge and for payment of the costs of installation and maintenance of
facilities, if any, in connection therewith.
6. Default. In the event YVWD fails to pay any amounts owed when due, or if YVWD
otherwise fails to comply or perform its obligations under this Purchase Agreement or
under any ordinances, rules, regulations, orders or permits of OCSD, SAWPA, Valley
District or any other agency or authority with jurisdiction over use of the Brine Line
contemplated herein, Valley District shall provide YVWD with written notice of such
default. Upon receipt of the default notice, YVWD shall have thirty (30) days to cure
a default for failure to pay any amounts owed (“Cure Period”). If YVWD fails to cure
the default within the applicable Cure Period, Valley District may exercise any and
all rights available in law or in equity, or as otherwise available under any applicable
ordinances, rules, regulations, orders or permits.
7. Indemnification. YVWD hereby indemnifies, defends and holds Valley District
harmless from and against any and all claims, penalties, losses, costs, interest,
damages, liability, demands, and expenses (including attorneys’ fees and costs)
arising from or relating to any breach by YVWD of the terms of this Purchase
Agreement.
8. Attorneys’ Fees. If any legal action is necessary to enforce or interpret the terms of
this Purchase Agreement, the prevailing party in such action will be entitled to
reasonable attorneys’ fees and costs in addi tion to any other relief the prevailing party
may be entitled.
9. Assignment. This Purchase Agreement may not be assigned by YVWD without the
prior written consent of Valley District, which consent shall not be unreasonably
withheld.
10. Succession. This Purchase Agreement shall inure to the benefit of, and be binding
upon, the successors and assigns of each Party.
11. Entire Agreement. This Purchase Agreement, including any exhibits and schedules
hereto, contains the entire agreement between the Parties pertaining to the subject
matter hereof and fully supersedes all prior written or oral agreements and
understandings between the Parties pertaining to such subject matter. The captions
in this Purchase Agreement are for convenience only and shall not be considered a
part of or affect the construction or interpretation of any provision of this Purchase
Agreement.
Yucaipa Valley Water District - April 20, 2016 - Page 124 of 158
