Common use of AGREEMENT, TERM, DOCUMENTS INCORPORATED BY REFERENCE Clause in Contracts

AGREEMENT, TERM, DOCUMENTS INCORPORATED BY REFERENCE. In consideration of the mutual representations, covenants and agreements herein set forth, the State Water Board and each Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree to the terms, provisions, and conditions of this Agreement. (a) Each Recipient hereby purchases from the State Water Board, and the State Water Board hereby sells to such Recipient, such Recipient’s Shared Project Percentage with respect to the Project for a purchase price equal to the Payments payable by such Recipient to the State Water Board in accordance with the provisions of this Agreement. All right, title, and interest in the Project shall immediately vest in the Recipients on the date of execution and delivery of this Agreement by all of the parties without further action on the part of the Recipients or the State Water Board. (b) Subject to the satisfaction of any condition precedent to this Agreement, this Agreement shall become effective upon the signature of all of the Recipients and the State Water Board. Conditions precedent are not limited to the following: i. Each Recipient must deliver to the Division a resolution authorizing this Agreement. ii. Each Recipient must deliver an opinion of bond counsel and general counsel satisfactory to the State Water Board’s counsel dated on or after the date that the Recipients sign this Agreement. (c) Upon execution, the term of the Agreement shall begin on the Eligible Work Start Date and extend through the Final Payment Date. (d) This Agreement includes the following exhibits and attachments thereto: i. EXHIBIT A – SCOPE OF WORK ii. EXHIBIT B – FUNDING TERMS iii. EXHIBIT C – GENERAL & PROGRAMMATIC TERMS & CONDITIONS iv. EXHIBIT D – SPECIAL CONDITIONS v. EXHIBIT E – PAYMENT SCHEDULE vi. EXHIBIT F – [Reserved.]

AGREEMENT, TERM, DOCUMENTS INCORPORATED BY REFERENCE. In consideration of the mutual representations, covenants and agreements herein set forth, the State Water Board and each the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree to the terms, provisions, and conditions of this Agreement. (a) Each The Recipient hereby sells to the State Water Board and the State Water Board hereby purchases from the Recipient the Project. Simultaneously therewith, the Recipient hereby purchases from the State Water Board, and the State Water Board hereby sells to such the Recipient, such Recipient’s Shared Project Percentage with respect to the Project for a purchase price equal to the Payments payable by such Recipient to the State Water Board in accordance with the provisions of this Agreement. All right, title, and interest in the Project shall immediately vest in the Recipients Recipient on the date of execution and delivery of this Agreement by all of the both parties without further action on the part of the Recipients Recipient or the State Water Board. (b) Subject to the satisfaction of any condition precedent to this Agreement, this Agreement shall become effective upon the signature of all of both the Recipients Recipient and the State Water Board. Conditions precedent are not limited to the following: i. Each The Recipient must deliver to the Division a resolution authorizing this Agreement. ii. Each The Recipient must deliver an opinion of bond counsel and general counsel satisfactory to the State Water Board’s counsel dated on or after the date that the Recipients sign Recipient signs this Agreement. (c) Upon execution, the term of the Agreement shall begin on the Eligible Work Start Date and extend through the Final Payment Date. (d) This Agreement includes the following exhibits and attachments thereto: i. EXHIBIT A – SCOPE OF WORK ii. EXHIBIT B – FUNDING TERMS iii. EXHIBIT C – GENERAL & PROGRAMMATIC TERMS & CONDITIONS iv. EXHIBIT D – SPECIAL CONDITIONS v. EXHIBIT E – PAYMENT SCHEDULE vi. EXHIBIT F – [ReservedTAX CERTIFICATE (e) This Agreement includes the following documents incorporated by reference, as well as any documents incorporated by reference in Exhibit D: i. the Final Plans & Specifications, which are the basis for the construction contract to be awarded by the Recipient; ii. the Recipient’s Reimbursement Resolution No. 2021-044 dated May 11, 2021; iii. the Recipient’s Tax Questionnaire dated November 30, 2021.]

AGREEMENT, TERM, DOCUMENTS INCORPORATED BY REFERENCE. In consideration of the mutual representations, covenants and agreements herein set forth, the State Water Board and each the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree to the terms, provisions, and conditions of this Agreement. (a) Each The Recipient hereby sells to the State Water Board and the State Water Board hereby purchases from the Recipient the Project. Simultaneously therewith, the Recipient hereby purchases from the State Water Board, and the State Water Board hereby sells to such the Recipient, such Recipient’s Shared Project Percentage with respect to the Project for a purchase price equal to the Payments payable by such Recipient to the State Water Board in accordance with the provisions of this Agreement. All right, title, and interest in the Project shall immediately vest in the Recipients Recipient on the date of execution and delivery of this Agreement by all of the both parties without further action on the part of the Recipients Recipient or the State Water Board. (b) Subject to the satisfaction of any condition precedent to this Agreement, this Agreement shall become effective upon the signature of all of both the Recipients Recipient and the State Water Board. Conditions precedent are not limited to the following: i. Each The Recipient must deliver to the Division a resolution authorizing this Agreement. ii. Each The Recipient must deliver an opinion of bond counsel and general counsel satisfactory to the State Water Board’s counsel dated on or after the date that the Recipients sign Recipient signs this Agreement. (c) Upon execution, the term of the Agreement shall begin on the Eligible Work Start Date and extend through the Final Payment Date. (d) This Agreement includes the following exhibits and attachments thereto: i. EXHIBIT A – SCOPE OF WORK ii. EXHIBIT B – FUNDING TERMS iii. EXHIBIT C – GENERAL & PROGRAMMATIC TERMS & CONDITIONS iv. EXHIBIT D – SPECIAL CONDITIONS v. EXHIBIT E – PAYMENT SCHEDULE vi. EXHIBIT F – [Reserved.]TAX CERTIFICATE (e) This Agreement includes the following documents incorporated by reference, as well as any documents incorporated by reference in Exhibit D: i. the Final Plans & Specifications, dated , which are the basis for the construction contract to be awarded by the Recipient; ii. the Drinking Water System Permit No. , and any amendments thereto; iii. the Recipient’s Reimbursement Resolution No. dated ;