Common use of Habitat Conservation Fund Accounts Clause in Contracts

Habitat Conservation Fund Accounts. WAFWA will calculate the applicable Mitigation Fee associated with any Impact Activities using the methodology shown on Appendix A of this CCAA and Exhibit 2 of the CI. Upon receipt of Enrollment Fees and Mitigation Fees, WAFWA will credit the Enrollment Fees and Mitigation Fees to the appropriate Participant’s Habitat Conservation Fund Account. The obligation to pay Mitigation Fees will be satisfied by the Enrollment Fees and pre-paid Mitigation Fees in a Participant’s Habitat Conservation Fund until such fees are exhausted. Prepaid funds that are not used in a calendar year will be available to satisfy the obligation to pay Mitigation Fees in subsequent calendar years; however, Participants must continue to make annual prepayments of Enrollment Fees for the first three years as described above even if all prepaid funds are not used in the previous calendar year. The Mitigation Fees may be adjusted as described in Appendix A of this CCAA and Exhibit 2 of the CI (Appendix C). WAFWA will provide written or electronic notice of any adjustments to Mitigation Fees to the Participant at least 90 days before the adjustments take effect. WAFWA will deduct the resulting Mitigation Fee from a Participant’s Habitat Conservation Fund Account balance within 10 working days after receiving notification from the Participant. WAFWA will provide notice to the Participant within 30 days of: Deducting Mitigation Fees from the Participant’s Habitat Conservation Fund Account, or Crediting funds to the Participant’s Habitat Conservation Fund Account, or Crediting Remediation Units (as defined in Appendix B of this CCAA and Exhibit 3 of the CI) to the Habitat Conservation Fund Account. Such notice shall detail: Amount of the Mitigation Fee deducted, Remaining Habitat Conservation Fund Account balance, Payment due prior to commencing Impact Activities and contingent on offset unit availability, and The number of Remediation Units held by the Participant. In some circumstances, the Participant may elect not to develop Impact Activities or a portion of the Impact Activities after Mitigation Fees associated with that Impact Activities have been deducted from its Habitat Conservation Account. The Participant has the responsibility of notifying WAFWA that the Impact Activities will not be developed. Within 10 working days of receiving notification from the Participant that it will not develop Impact Activities, WAFWA will credit the Participant’s Habitat Conservation Fund Account with the amount of the deducted Mitigation Fee so long as no Impact Activities have occurred.

Habitat Conservation Fund Accounts. WAFWA will calculate the applicable Mitigation Fee associated with any Impact Activities using the methodology shown on Appendix A of this CCAA and Exhibit 2 B of the CI. Upon receipt of Enrollment Fees and Mitigation Fees, WAFWA will credit the Enrollment Fees and Mitigation Fees to the appropriate Participant’s Habitat Conservation Fund Account. The obligation to pay Mitigation Fees will be satisfied by the Enrollment Fees and pre-paid Mitigation Fees in a Participant’s Habitat Conservation Fund until such fees are exhausted. Prepaid funds that are not used in a calendar year will be available to satisfy the obligation to pay Mitigation Fees in subsequent calendar years; however, Participants must continue to make annual prepayments of Enrollment Fees for the first three years as described above even if all prepaid funds are not used in the previous calendar year. The Mitigation Fees may be adjusted as described in Appendix A of this CCAA and Exhibit 2 B of the CI (Appendix CB). WAFWA will provide written or electronic notice of any adjustments to Mitigation Fees to the Participant at least 90 days before the adjustments take effect. WAFWA will deduct the resulting Mitigation Fee from a Participant’s Habitat Conservation Fund Account balance within 10 working days after receiving notification from the Participant. WAFWA will provide notice to the Participant within 30 days of:  Deducting Mitigation Fees from the Participant’s Habitat Conservation Fund Account, or  Crediting funds to the Participant’s Habitat Conservation Fund Account, or  Crediting Remediation Units (as defined in Appendix B of this CCAA and Exhibit 3 C of the CI) to the Habitat Conservation Fund Account. Such notice shall detail:  Amount of the Mitigation Fee deducted,  Remaining Habitat Conservation Fund Account balance,  Payment due prior to commencing Impact Activities and contingent on offset unit availability, and  The number of Remediation Units held by the Participant. In some circumstances, the Participant may elect not to develop Impact Activities a Project or a portion of the Impact Activities a Project after Mitigation Fees associated with that Impact Activities Project have been deducted from its Habitat Conservation Account. The Participant has the responsibility of notifying WAFWA that the Impact Activities Project will not be developed. Within 10 working days of receiving notification from the Participant that it will not develop Impact Activitiesa Project, WAFWA will credit the Participant’s Habitat Conservation Fund Account with the amount of the deducted Mitigation Fee so long as no Impact Activities have occurred.

Habitat Conservation Fund Accounts. WAFWA will calculate the applicable Mitigation Fee associated with any Impact Activities using the methodology shown on Appendix A of this CCAA and Exhibit 2 B of the CI. Upon receipt of Enrollment Fees and Mitigation Fees, WAFWA will credit the Enrollment Fees and Mitigation Fees to the appropriate Participant’s Habitat Conservation Fund Account. The obligation to pay Mitigation Fees will be satisfied by the Enrollment Fees and pre-paid Mitigation Fees in a Participant’s Habitat Conservation Fund until such fees are exhausted. Prepaid funds that are not used in a calendar year will be available to satisfy the obligation to pay Mitigation Fees in subsequent calendar years; however, Participants must continue to make annual prepayments of Enrollment Fees for the first three years as described above even if all prepaid funds are not used in the previous calendar year. The Mitigation Fees may be adjusted as described in Appendix A of this CCAA and Exhibit 2 B of the CI (Appendix CB). WAFWA will provide written or electronic notice of any adjustments to Mitigation Fees to the Participant at least 90 days before the adjustments take effect. WAFWA will deduct the resulting Mitigation Fee from a Participant’s Habitat Conservation Fund Account balance within 10 working days after receiving notification from the Participant. WAFWA will provide notice to the Participant within 30 days of: • Deducting Mitigation Fees from the Participant’s Habitat Conservation Fund Account, or • Crediting funds to the Participant’s Habitat Conservation Fund Account, or • Crediting Remediation Units (as defined in Appendix B of this CCAA and Exhibit 3 C of the CI) to the Habitat Conservation Fund Account. Such notice shall detail: • Amount of the Mitigation Fee deducted, • Remaining Habitat Conservation Fund Account balance, • Payment due prior to commencing Impact Activities and contingent on offset unit availability, and • The number of Remediation Units held by the Participant. In some circumstances, the Participant may elect not to develop Impact Activities a Project or a portion of the Impact Activities a Project after Mitigation Fees associated with that Impact Activities Project have been deducted from its Habitat Conservation Account. The Participant has the responsibility of notifying WAFWA that the Impact Activities Project will not be developed. Within 10 working days of receiving notification from the Participant that it will not develop Impact Activitiesa Project, WAFWA will credit the Participant’s Habitat Conservation Fund Account with the amount of the deducted Mitigation Fee so long as no Impact Activities have occurred.