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<br /> <br /> <br /> <br /> <br /> annual experienced joint-use O&M expense of the Project. <br /> Payments for O&M expense are due and payable in advance on <br /> the date for payment of Project first cost as set forth in <br /> Article 5a(2) and shall be based on O&M expense for the <br /> Project in the Government fiscal year most recently ended. <br /> The amount of each annual payment will be the actual <br /> experienced O&M expense (allocated joint-use) for the <br /> preceding fiscal year or an estimate thereof when actual <br /> expense information is not available. <br /> <br /> d. Delinquent Payments. If the User shall fail to <br /> make any of the payments when due, then the overdue <br /> payments shall bear interest compounded annually until <br /> paid. The interest rate to be used for overdue payments <br /> due under the provisions of Articles 5a, 5b, and 5c above <br /> shall be that determined by the Department of Treasury's <br /> Treasury Fiscal Requirements Manual (1 TFRM 6-8000, "Cash <br /> Management"). The amount charged on payments overdue for a <br /> period of less than one year shall be figured on a monthly <br /> basis. This provision shall not be construed as giving the <br /> City a choice of either making payments when due or paying <br /> interest, nor shall it be construed as waiving any other <br /> rights of the Government, at law or in equity, which might <br /> result from any default by the City. <br /> <br /> ITEM 3: No Change to Article 11 in Supplemental Agreement <br /> No. 1. <br /> <br /> ITEM 4: No Change to Articles 15, 16, 17 or 18 in <br /> Supplemental Agreement No. 1 <br /> ITEM 5: Exhibits A, B and C of the Supplemental Agreement <br /> No. 1 are deleted in their entirety and substituted <br /> therefore with: Exhibit A: Certification and Exhibit B is <br /> substituted to reflect reservoir storage, allocation of <br /> actual cost and the lump sum payment of the total 109,600 <br /> acre-feet of water supply storage, plus the total <br /> percentage and amount of the variable annual joint-use O&M <br /> costs associated with this storage as well as the total <br /> percentage and amount of any associated RR&R costs. <br /> <br /> ITEM 6: No Change to Article 7c in Supplemental Agreement <br /> No. 1. <br /> <br /> EXCEPT as herein modified, all the terms and <br /> conditions of said agreement and Supplemental Agreement No. <br /> 1 shall remain unchanged and in full force and effect. <br /> <br /> 5 <br /> <br /> <br /> IT <br />