Page 60 - Yucaipa Valley Water District

Director Memorandum No. 18-022 Page 14 of 22

North Fork Water Company, San Bernardino Superior Court Case No. SCV 165493; or City of
San Bernardino v. Fontana Water Company, San Bernardino Superior Court Case No.17030
(January 28, 1924). It is the intention of the Parties in forming the GC to apply, administer, and
conform to the requirements and provisions of each of these judgments. In the event of any
conflict between the actions of the GC, and the requirements and provisions of such judgments,
the latter shall control.

8.4 No Admissions. Nothing in this Agreement shall be construed as an
admission by any Party regarding any subject matter of this Agreement, including but not limited
to the water rights or priorities of same of the Parties.

8.5 Preservation of Rights. The Parties agree that this Agreement, to the
extent allowed by law, preserves all rights of the Parties as they may exist as of the Effective Date
of this Agreement. Nothing in this Agreement is to be construed as altering the priorities or
entitlements of water right holders among themselves to water from the Santa Ana River or the
Basin.

9. MISCELLANEOUS

9.1 Authority. Each signatory of this Agreement represents that s/he is
authorized to execute this Agreement on behalf of the Party for which s/he signs. Each Party
represents that it has legal authority to enter into this Agreement and to perform all obligations
under this Agreement, and that by doing so, such Party is not in breach or violation of any other
agreement or contract.

9.2 Amendment. Except as to fluctuations in the Equitable Allocation as
otherwise provided for herein, this Agreement may be amended or modified only by a written
instrument approved by an eighty (80)%) vote of the Equitable Allocation

9.3 Jurisdiction and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of California, except for its conflicts of law
rules. Any suit, action, or proceeding brought under the scope of this Agreement shall be brought
and maintained to the extent allowed by law in the County of San Bernardino, California.

9.4 Headings. The paragraph headings used in this Agreement are intended
for convenience only and shall not be used in interpreting this Agreement or in determining any
of the rights or obligations of the Parties to this Agreement.

9.5 Construction and Interpretation. This Agreement has been arrived at
through negotiations, and each Party has had a full and fair opportunity to revise the terms of this
Agreement. As a result, the normal rule of construction that any ambiguities are to be resolved
against the drafting Party shall not apply in the construction or interpretation of this Agreement.

9.6 Entire Agreement. This Agreement constitutes the entire agreement of the
Parties with respect to its subject matter, and supersedes any prior oral or written agreement,
understanding, or representation relating to the subject matter of this Agreement.

9.7 Partial Invalidity. If, after the date of execution of this Agreement, any
provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future
laws or adjudicatory decisions effective during the term of this Agreement, such provision shall
be fully severable. However, in lieu thereof; there shall be added a provision as similar in terms

Yucaipa Valley Water District - February 6, 2018 - Page 60 of 175