1998-141-RES WHEREAS, CITY COUNCIL DID HERETOFORE ONTHE 8TH DAY OF JUNE eretofore, on the 8th day of June,

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by dividing Panda's actual amount of Raw Water used and derived from the Source during such fiscal year and transported through the Pipeline by all Raw Water and treated water used and derived from the Source and used by other customers of the City and derived from the Source and transported through the Pipeline) of the respective Initial Numbers determined pursuant to Items II, 12, and 15 of "Base Delivery Amount" above in regard to the applicable fiscal year. 4. In determining the amounts due under Section 7.01 of the Agreement and Item 13 of "Base Delivery Amount" above, during any fiscal year of the City, each such amount due shall be Panda's pro rata share (calculated by dividing Panda's actual amount of Raw Water and treated water used and derived from the Source and transported through the applicable portion of the Water Supply Facilities by the sum of all Raw Water and treated water sold by the City and derived from the Source and transported through the applicable portion of the Water Supply Facilities) of the Initial Number determined pursuant to Item 13 of "Base Delivery Amount" above, and Panda's payment thereof shall be amortized over a period of time agreed to by the Parties (but in no event less than 10 nor more than 20 fiscal years of the City). 1997-1998 HYPOTHETICAL AMOUNT Attached hereto is a schedule prepared by the City which reflects BDA, as it would be calculated in regard to the City's 1997-1998 fiscal year, reflected in Column C thereof (on a per 1,000 gallon of Raw Water basis yielding approximately: $0.15 per 1,000 gallons). MISCELLANEOUS 1. In order to assist the Parties in the calculation of Base Delivery Amount hereunder, the City agrees to allow Panda, no more than once per fiscal year of the City, upon at least seven (7) days written notice to the City, the right to review the City's applicable books and records during reasonable business hours. 2. All defined terms used herein shall have the meaning ascribed thereto in the Agreement to which this Schedule is attached.