Common use of DELIVERY AND STORAGE Clause in Contracts

DELIVERY AND STORAGE. Crediting Long-term Storage Credits for SNWA; Annual Plan of Operation AWBA shall take all actions necessary to ensure that Long-term Storage Credits in a gross amount of 1,250,000 acre-feet, including the Long-term Storage Credits referenced in Recital G, are credited to the SNWA Interstate Account in sufficient time both to meet the requirements of Subarticle 2.1.3 and to allow the recovery of the full 1,250,000 acre-feet of such credits for the purpose of developing ICUA for SNWA within the term of this Agreement and the limitations of Subarticle 3.1.1. Such actions may include storage of Colorado River water, assignment of existing Long-term Storage Credits, or any other actions that will support the development of ICUA under this Agreement consistent with 43 C.F.R. Part 414 and the SIRA. AWBA shall ensure that there are in effect in a timely manner all regulatory permits and approvals and all third-party agreements necessary to enable AWBA to meet its obligations under this Subarticle, including without limitation agreements for the purchase and delivery of Colorado River water, necessary water storage permits from ADWR, and agreements with Storage Facility operators. The actions that AWBA takes to cause Long-term Storage Credits to be credited to the SNWA Interstate Account under Subarticle 2.1.1 shall be on a schedule that will ensure that there are Long-term Storage Credits in the SNWA Interstate Account as of the June 1 preceding each Year in which SNWA has the right to require the development of ICUA in an amount at least sufficient to support development of the maximum ICUA permitted under Subarticle 3.1 during that Year, without regard to whether SNWA has requested such maximum. The amount of water to be stored during any Year shall be identified in the final AWBA Plan of Operation by January 1 of each Year. Delivery and Storage of Water by AWBA for SNWA. Delivery and storage of any water under the terms of this Agreement shall be subject to the following requirements: The delivery of water to storage shall be pursuant to the Agreement between CAWCD and the AWBA Providing for the Delivery of Excess CAP Water, whereby AWBA is entitled to purchase Excess CAP Water from CAWCD for interstate banking purposes. AWBA shall obtain and maintain all necessary water storage permits from ADWR to allow storage under the terms of this Agreement. The storage of water shall be pursuant to AWBA's agreements with various Storage Facility operators whereby AWBA is entitled to store water at those various Storage Facilities. AWBA agrees that the storage of water under this Agreement shall take into account the location, manner and cost of storing all water stored by AWBA in the State of Arizona. AWBA agrees that the selection of storage facilities for water stored under this Agreement and for others in Arizona shall not be made in a manner that unreasonably allocates the higher storage cost to the storage of water under this Agreement. SNWA Interstate Account AWBA shall monitor the crediting and maintenance of Long-term Storage Credits in the SNWA Interstate Account from Year to Year. AWBA shall exercise due diligence in insuring that all Long-term Storage Credits credited through storage for SNWA or transferred or otherwise credited to the SNWA Interstate Account are properly accounted for in such account. AWBA shall timely file with ADWR an annual report for all water delivered and stored in accordance with the terms of this Agreement by March 31 of the Year following the delivery and storage. AWBA and SNWA and CRCN shall cooperate in the preparation of such report, and shall agree upon the accuracy of the data to be filed. ADWR determines the amount of Long-term Storage Credits that are credited to the SNWA Interstate Account in any Year and makes a report available to AWBA detailing the credits available in AWBA's Long-term Storage Account. Upon receipt of the report from ADWR, AWBA shall make that report available to SNWA and CRCN. The report may include adjustments or corrections made by ADWR to the Long-term Storage Credits in the SNWA Interstate Account. Payments by SNWA

DELIVERY AND STORAGE. Crediting Long-term Storage Credits for SNWA; Annual Plan of Operation AWBA shall take all actions necessary to ensure that Long-term Storage Credits Current Balance in a gross amount of 1,250,000 acre-feet, including the Long-term Storage Credits referenced in Recital G, are credited to the SNWA Interstate Account in sufficient time both to meet the requirements of Subarticle 2.1.3 and to allow the recovery As of the full 1,250,000 acre-Effective Date, AWBA has created 600,651 acre feet of such credits for the purpose of developing ICUA for SNWA within the term of this Agreement and the limitations of Subarticle 3.1.1. Such actions may include storage of Colorado River water, assignment of existing Long-term Storage Credits, or any other actions that will support the development of ICUA under this Agreement consistent with 43 C.F.R. Part 414 and the SIRA. AWBA shall ensure that there are in effect in a timely manner all regulatory permits and approvals and all third-party agreements necessary to enable AWBA to meet its obligations under this Subarticle, including without limitation agreements for the purchase and delivery of Colorado River water, necessary water storage permits from ADWR, and agreements with Storage Facility operators. The actions that AWBA takes to cause Long-term Storage Credits to be credited to the SNWA Interstate Account under Subarticle 2.1.1 shall be on a schedule that will ensure that there are Long-term Storage Credits in the SNWA Interstate Account as of Account. Upon the June 1 preceding each Year in which request by SNWA has the right to require the for development of ICUA as described in an amount Article 3, the AWBA shall use Long-term Storage Credits available in the SNWA Interstate Account to fulfill that request. Payments Previously Made by SNWA In consideration of the Long-term Storage Credits created by AWBA prior to the Effective Date, SNWA made payments to AWBA aggregating to the sum of $122,738,945. These payments are exclusive of any payments SNWA made to CAWCD for the 50,000 acre-feet of Long-term Storage Credits described in Recital G. The Parties acknowledge that the payments described above made by SNWA to AWBA for the delivery and storage of Colorado River water covered at least sufficient all costs specified in A.R.S. §§ 45-2471(C) and are not refundable. Request for Additional Water Storage by SNWA On or before September 1, AWBA, SNWA, and CRCN shall confer concerning the amount of water anticipated to support development be available for storage, including any Nevada apportionment, and the proposed location, manner, and cost by which the interstate banking could be accomplished in the following Year. Annually, AWBA develops a draft AWBA Plan of Operation. The draft AWBA Plan of Operation may include an interstate component. On or before November 1, AWBA shall determine and advise SNWA and CRCN in writing as to the quantity of water and storage capacity available for interstate banking under the terms of this Agreement for the following Year. AWBA shall also provide an estimate of the maximum ICUA permitted under costs calculated pursuant to Subarticle 3.1 during that Year2.5 associated with the delivery and storage of water available for interstate banking. AWBA shall also provide the data upon which the determinations and estimates in this Subarticle were based. Within 30 days of the notice provided in Subarticle 2.3.3, without regard SNWA shall specify in writing to whether SNWA has requested such maximumAWBA its decision to accept all or any portion of the water and storage capacity available at the estimated cost. The amount After consultation with SNWA, the final decision on the quantity of water to be stored during and the location of the storage under the terms of this Agreement shall be at the discretion of AWBA. However, except as otherwise provided in Subarticle 2.3.8.1, the maximum quantity of water to be stored in any Year shall not be greater than the amount specified by SNWA pursuant to Subarticle 2.3.4. The quantity of water to be stored in accordance with the terms of this Agreement shall be identified in the final AWBA Plan of Operation by January 1 of each Year. Unless the final AWBA Plan of Operation is modified, this quantity of water shall be stored. AWBA shall provide SNWA and CRCN with a copy of the final AWBA Plan of Operations and any amendments thereto. At any time after approval of the AWBA Plan of Operation, SNWA may request a change in the quantity of SNWA storage for the current Year. Such request for change shall be in writing to AWBA and, if the request results in a decrease in storage, it shall not be greater than the difference between the amount of water already stored in that Year for the benefit of SNWA and the amount of water scheduled in that Year to be stored for the benefit of SNWA. AWBA may, at its discretion and after discussion at an open public meeting, modify the AWBA Plan of Operation to reflect such a change. AWBA may modify the AWBA Plan of Operation for reasons other than a request from SNWA. If the modification results in an increase in the amount of Excess CAP Water available for storage for interstate banking, AWBA shall notify SNWA and CRCN in writing of the estimated cost for delivery and storage of the increase. SNWA shall have 30 days after receipt of such notice to specify in writing to AWBA its decision to decline any or all of the increase. If the modification results in a decrease in Excess CAP Water available for storage for interstate banking, AWBA will notify SNWA and CRCN in writing of such a modification, the reasons for the decrease in storage, the data upon which such determination was based, and the revised amount of water that AWBA will store for SNWA during the Year. If SNWA directs Nevada unused apportionment to AWBA for storage pursuant to this Agreement, AWBA agrees that no decrease in the amount of storage for SNWA will be made after October 1 of each Year. AWBA agrees to notify SNWA if costs are expected to increase by more than 20% due to the modification of the AWBA Plan of Operation or any other reason. The schedule dates and periods contained in this Subarticle 2.3 can be changed upon written agreement of AWBA and SNWA. Delivery and Storage of Additional Water by AWBA for SNWA. Delivery and storage of any additional water under the terms of this Agreement shall be subject to the following requirementsfollowing: The delivery of additional water to storage shall be pursuant to the Agreement agreement between CAWCD and the AWBA Providing providing for the Delivery of Excess CAP Water, whereby AWBA is entitled to purchase Excess CAP Water from CAWCD for interstate banking purposes. AWBA has obtained and shall obtain and continue to maintain all necessary water storage permits from ADWR to allow storage under the terms of this Agreement. The storage of water shall be pursuant to AWBA's agreements ’s contracts with various Storage Facility operators whereby AWBA is entitled to store water at those various Storage Facilities. AWBA agrees that the storage of water under this Agreement shall take into account the location, manner and cost of storing all water stored by AWBA in the State of Arizona. AWBA agrees that the selection of storage facilities for water stored under this Agreement and for others in Arizona shall not be made in a manner that unreasonably allocates the higher storage cost to the storage of water under this Agreement. SNWA Interstate Account AWBA shall monitor the crediting accrual and maintenance of Long-term Storage Credits in the SNWA Interstate Account from Year to Year. AWBA shall exercise due diligence in insuring ensuring that all Long-term Storage Credits credited through storage for SNWA or transferred or otherwise credited to developed in accordance with the SNWA Interstate Account terms of this Agreement have accrued and are properly accounted for in such account. AWBA agrees that it shall timely file with ADWR an annual report for all water delivered and stored in accordance with the terms of this Agreement by March 31 of the Year following the delivery and storage. AWBA and AWBA, SNWA and CRCN shall cooperate in the preparation of such report, and shall agree upon the accuracy of the data to be filed. ADWR determines the amount quantity of Long-term Storage Credits that are credited to accrue in the SNWA Interstate Account in any Year and makes a report available to AWBA detailing the credits available in AWBA's ’s Long-term Storage Account. Upon receipt of the report from ADWR, AWBA shall make that report available to SNWA and CRCN. The report may include adjustments or corrections made by ADWR to the Long-term Storage Credits in the SNWA Interstate AccountAccount created after the Effective Date of this Agreement. Payments Charges for Additional Delivery and Storage SNWA agrees that all costs of the additional delivery and storage of water as described in Subarticle 2.4 (including the costs referred to in A.R.S. § 45-2471(C)) shall be borne by SNWA. Such costs shall be calculated and charged to SNWA in accordance with this Subarticle 2.5, and billed to and paid by SNWA as provided in Subarticle 2.6. The Parties acknowledge that, for purposes of A.R.S. § 45-2471(C)(1), AWBA’s cost of acquiring Colorado River water is the cost charged by the United States to CAWCD under CAWCD’s federal water delivery contract for delivering such water. The charges to SNWA for the cost of water delivered under this Agreement shall consist of the following pricing components computed on a per acre-foot basis: The fixed operation, maintenance and replacement (OM&R) rate for water deliveries, set annually by the CAWCD Board for CAP municipal and industrial (M&I) subcontractors(excluding any costs for non-CAP project water)water deliveries by the CAWCD Board; The M&I capital charge, set annually for CAP M&I subcontractors by the CAWCD Board; A pumping energy rate established by the CAWCD Board for M&I subcontractorsinterstate banking. SNWA or CRCN may provide energy sufficient to fully or partially meet the pumping requirements for the delivery of water under the terms of this Agreement, if mutually agreeable among SNWA, CRCN, AWBA and CAWCD; A payment in lieu of property taxes, calculated as described in A.R.S. § 48-3715; and Such additional costs as may be reasonably incurred by AWBA with approval by SNWA. The charges to SNWA for the cost of water storage under this Agreement shall consist of the following pricing components computed on a per acre foot of delivery basis: Underground Storage Facility charges as paid by AWBA based on contractual agreements with those facility operators; A capital charge for storage at Underground Storage Facilities constructed with State Demonstration Project funds as determined by CAWCD as owner/operator of the facilities; If storage under the terms of this Agreement is accomplished at Groundwater Savings Facilities, SNWA shall pay a charge for storage as determined by AWBA in that Year; and Such additional costs as may be reasonably incurred by AWBA with approval by SNWA. Billing of and Payment for Additional Delivery and Storage In any Year that additional water is to be delivered and stored by the AWBA for the benefit of SNWA, the AWBA will on or before January 1 of that Year, provide SNWA a statement detailing the total annual charge for the water to be delivered and stored in that Year for the benefit of the SNWA. The charges are described in Subarticle 2.5. AWBA shall provide SNWA monthly invoices equaling one-twelfth of the total annual charge on or before the first of each month. SNWA shall pay the total amount of the invoice on or before the 10th of each month. If such day is not a business day, the payment shall be made on the next succeeding business day. Following receipt of the SNWA payment, AWBA shall remit the appropriate payment to CAWCD in accordance with AWBA’s Master Water Storage Agreement with CAWCD. The total annual charge for water delivery may be subject to a mid-year correction if the charges described in Subarticle 2.5.2 are changed by the CAWCD Board. In the event of a correction, AWBA shall re-compute the remaining equal monthly payments and invoice SNWA the corrected amount in the first monthly invoice following the correction. No later than March 15 of the Year following a Year in which water was delivered and stored under the terms of this Agreement, AWBA shall provide SNWA a Year end account reconciliation. The payment account of SNWA shall be adjusted first to reflect the amount of water actually delivered by AWBA, and second to reflect any change in the OM&R and pumping energy rates applicable to the water delivered. If additional funds are owed to AWBA, SNWA shall remit those funds within 10 business days of the date the notice is provided by AWBA. If funds are due to SNWA, they shall be remitted to SNWA within 10 business days, including interest accrued on those funds, unless SNWA requests that the funds including interest be used to offset the water delivery charge for a future Year in which additional storage and delivery occurs. If additional delivery and storage has not occurred within three years, SNWA may request that the AWBA remit all remaining funds. The schedule dates and periods contained in this Subarticle 2.6 can be changed upon written agreement of AWBA and SNWA.

DELIVERY AND STORAGE. Crediting Long-term Storage Credits for SNWA; Annual Plan of Operation AWBA shall take all actions necessary to ensure that Long-term Storage Credits Current Balance in a gross amount of 1,250,000 acre-feet, including the Long-term Storage Credits referenced in Recital G, are credited to the SNWA Interstate Account in sufficient time both to meet the requirements of Subarticle 2.1.3 and to allow the recovery As of the full 1,250,000 acre-Effective Date, AWBA has created 600,651 acre feet of such credits for the purpose of developing ICUA for SNWA within the term of this Agreement and the limitations of Subarticle 3.1.1. Such actions may include storage of Colorado River water, assignment of existing Long-term Storage Credits, or any other actions that will support the development of ICUA under this Agreement consistent with 43 C.F.R. Part 414 and the SIRA. AWBA shall ensure that there are in effect in a timely manner all regulatory permits and approvals and all third-party agreements necessary to enable AWBA to meet its obligations under this Subarticle, including without limitation agreements for the purchase and delivery of Colorado River water, necessary water storage permits from ADWR, and agreements with Storage Facility operators. The actions that AWBA takes to cause Long-term Storage Credits to be credited to the SNWA Interstate Account under Subarticle 2.1.1 shall be on a schedule that will ensure that there are Long-term Storage Credits in the SNWA Interstate Account as of Account. Upon the June 1 preceding each Year in which request by SNWA has the right to require the for development of ICUA as described in an amount Article 3, the AWBA shall use Long-term Storage Credits available in the SNWA Interstate Account to fulfill that request. Payments Previously Made by SNWA In consideration of the Long-term Storage Credits created by AWBA prior to the Effective Date, SNWA made payments to AWBA aggregating to the sum of $122,738,945. These payments are exclusive of any payments SNWA made to CAWCD for the 50,000 acre-feet of Long-term Storage Credits described in Recital G. The Parties acknowledge that the payments described above made by SNWA to AWBA for the delivery and storage of Colorado River water covered at least sufficient all costs specified in A.R.S. §§ 45-2471(C) and are not refundable. Request for Additional Water Storage by SNWA On or before September 1, AWBA, SNWA, and CRCN shall confer concerning the amount of water anticipated to support development be available for storage, including any Nevada apportionment, and the proposed location, manner, and cost by which the interstate banking could be accomplished in the following Year. Annually, AWBA develops a draft AWBA Plan of Operation. The draft AWBA Plan of Operation may include an interstate component. On or before November 1, AWBA shall determine and advise SNWA and CRCN in writing as to the quantity of water and storage capacity available for interstate banking under the terms of this Agreement for the following Year. AWBA shall also provide an estimate of the maximum ICUA permitted under costs calculated pursuant to Subarticle 3.1 during that Year2.5 associated with the delivery and storage of water available for interstate banking. AWBA shall also provide the data upon which the determinations and estimates in this Subarticle were based. Within 30 days of the notice provided in Subarticle 2.3.3, without regard SNWA shall specify in writing to whether SNWA has requested such maximumAWBA its decision to accept all or any portion of the water and storage capacity available at the estimated cost. The amount After consultation with SNWA, the final decision on the quantity of water to be stored during and the location of the storage under the terms of this Agreement shall be at the discretion of AWBA. However, except as otherwise provided in Subarticle 2.3.8.1, the maximum quantity of water to be stored in any Year shall not be greater than the amount specified by SNWA pursuant to Subarticle 2.3.4. The quantity of water to be stored in accordance with the terms of this Agreement shall be identified in the final AWBA Plan of Operation by January 1 of each Year. Unless the final AWBA Plan of Operation is modified, this quantity of water shall be stored. AWBA shall provide SNWA and CRCN with a copy of the final AWBA Plan of Operations and any amendments thereto. At any time after approval of the AWBA Plan of Operation, SNWA may request a change in the quantity of SNWA storage for the current Year. Such request for change shall be in writing to AWBA and, if the request results in a decrease in storage, it shall not be greater than the difference between the amount of water already stored in that Year for the benefit of SNWA and the amount of water scheduled in that Year to be stored for the benefit of SNWA. AWBA may, at its discretion and after discussion at an open public meeting, modify the AWBA Plan of Operation to reflect such a change. AWBA may modify the AWBA Plan of Operation for reasons other than a request from SNWA. If the modification results in an increase in the amount of Excess CAP Water available for storage for interstate banking, AWBA shall notify SNWA and CRCN in writing of the estimated cost for delivery and storage of the increase. SNWA shall have 30 days after receipt of such notice to specify in writing to AWBA its decision to decline any or all of the increase. If the modification results in a decrease in Excess CAP Water available for storage for interstate banking, AWBA will notify SNWA and CRCN in writing of such a modification, the reasons for the decrease in storage, the data upon which such determination was based, and the revised amount of water that AWBA will store for SNWA during the Year. If SNWA directs Nevada unused apportionment to AWBA for storage pursuant to this Agreement, AWBA agrees that no decrease in the amount of storage for SNWA will be made after October 1 of each Year. AWBA agrees to notify SNWA if costs are expected to increase by more than 20% due to the modification of the AWBA Plan of Operation or any other reason. The schedule dates and periods contained in this Subarticle 2.3 can be changed upon written agreement of AWBA and SNWA. Delivery and Storage of Additional Water by AWBA for SNWA. Delivery and storage of any additional water under the terms of this Agreement shall be subject to the following requirementsfollowing: The delivery of additional water to storage shall be pursuant to the Agreement agreement between CAWCD and the AWBA Providing providing for the Delivery of Excess CAP Water, whereby AWBA is entitled to purchase Excess CAP Water from CAWCD for interstate banking purposes. AWBA has obtained and shall obtain and continue to maintain all necessary water storage permits from ADWR to allow storage under the terms of this Agreement. The storage of water shall be pursuant to AWBA's agreements ’s contracts with various Storage Facility operators whereby AWBA is entitled to store water at those various Storage Facilities. AWBA agrees that the storage of water under this Agreement shall take into account the location, manner and cost of storing all water stored by AWBA in the State of Arizona. AWBA agrees that the selection of storage facilities for water stored under this Agreement and for others in Arizona shall not be made in a manner that unreasonably allocates the higher storage cost to the storage of water under this Agreement. SNWA Interstate Account AWBA shall monitor the crediting accrual and maintenance of Long-term Storage Credits in the SNWA Interstate Account from Year to Year. AWBA shall exercise due diligence in insuring ensuring that all Long-term Storage Credits credited through storage for SNWA or transferred or otherwise credited to developed in accordance with the SNWA Interstate Account terms of this Agreement have accrued and are properly accounted for in such account. AWBA agrees that it shall timely file with ADWR an annual report for all water delivered and stored in accordance with the terms of this Agreement by March 31 of the Year following the delivery and storage. AWBA and AWBA, SNWA and CRCN shall cooperate in the preparation of such report, and shall agree upon the accuracy of the data to be filed. ADWR determines the amount quantity of Long-term Storage Credits that are credited to accrue in the SNWA Interstate Account in any Year and makes a report available to AWBA detailing the credits available in AWBA's ’s Long-term Storage Account. Upon receipt of the report from ADWR, AWBA shall make that report available to SNWA and CRCN. The report may include adjustments or corrections made by ADWR to the Long-term Storage Credits in the SNWA Interstate AccountAccount created after the Effective Date of this Agreement. Payments Charges for Additional Delivery and Storage SNWA agrees that all costs of the additional delivery and storage of water as described in Subarticle 2.4 (including the costs referred to in A.R.S. § 45-2471(C)) shall be borne by SNWA. Such costs shall be calculated and charged to SNWA in accordance with this Subarticle 2.5, and billed to and paid by SNWA as provided in Subarticle 2.6. The Parties acknowledge that, for purposes of A.R.S. § 45-2471(C)(1), AWBA’s cost of acquiring Colorado River water is the cost charged by the United States to CAWCD under CAWCD’s federal water delivery contract for delivering such water. The charges to SNWA for the cost of water delivered under this Agreement shall consist of the following pricing components computed on a per acre-foot basis: The fixed operation, maintenance and replacement (OM&R) rate, set annually for CAP municipal and industrial (M&I) subcontractors by the CAWCD Board; The M&I capital charge, set annually for CAP M&I subcontractors by the CAWCD Board; A pumping energy rate established by the CAWCD Board for M&I subcontractors. SNWA or CRCN may provide energy sufficient to fully or partially meet the pumping requirements for the delivery of water under the terms of this Agreement, if mutually agreeable among SNWA, CRCN, AWBA and CAWCD; A payment in lieu of property taxes, calculated as described in A.R.S. § 48-3715; and Such additional costs as may be reasonably incurred by AWBA with approval by SNWA. The charges to SNWA for the cost of water storage under this Agreement shall consist of the following pricing components computed on a per acre foot of delivery basis: Underground Storage Facility charges as paid by AWBA based on contractual agreements with those facility operators; A capital charge for storage at Underground Storage Facilities constructed with State Demonstration Project funds as determined by CAWCD as owner/operator of the facilities; If storage under the terms of this Agreement is accomplished at Groundwater Savings Facilities, SNWA shall pay a charge for storage as determined by AWBA in that Year; and Such additional costs as may be reasonably incurred by AWBA with approval by SNWA. Billing of and Payment for Additional Delivery and Storage In any Year that additional water is to be delivered and stored by the AWBA for the benefit of SNWA, the AWBA will on or before January 1 of that Year, provide SNWA a statement detailing the total annual charge for the water to be delivered and stored in that Year for the benefit of the SNWA. The charges are described in Subarticle 2.5. AWBA shall provide SNWA monthly invoices equaling one-twelfth of the total annual charge on or before the first of each month. SNWA shall pay the total amount of the invoice on or before the 10th of each month. If such day is not a business day, the payment shall be made on the next succeeding business day. Following receipt of the SNWA payment, AWBA shall remit the appropriate payment to CAWCD in accordance with AWBA’s Master Water Storage Agreement with CAWCD. The total annual charge for water delivery may be subject to a mid-year correction if the charges described in Subarticle 2.5.2 are changed by the CAWCD Board. In the event of a correction, AWBA shall re-compute the remaining equal monthly payments and invoice SNWA the corrected amount in the first monthly invoice following the correction. No later than March 15 of the Year following a Year in which water was delivered and stored under the terms of this Agreement, AWBA shall provide SNWA a Year end account reconciliation. The payment account of SNWA shall be adjusted first to reflect the amount of water actually delivered by AWBA, and second to reflect any change in the OM&R and pumping energy rates applicable to the water delivered. If additional funds are owed to AWBA, SNWA shall remit those funds within 10 business days of the date the notice is provided by AWBA. If funds are due to SNWA, they shall be remitted to SNWA within 10 business days, including interest accrued on those funds, unless SNWA requests that the funds including interest be used to offset the water delivery charge for a future Year in which additional storage and delivery occurs. If additional delivery and storage has not occurred within three years, SNWA may request that the AWBA remit all remaining funds. The schedule dates and periods contained in this Subarticle 2.6 can be changed upon written agreement of AWBA and SNWA.