Common use of Ownership and Responsibilities Clause in Contracts

Ownership and Responsibilities. 3.1 SMWD shall be the sole owner of Project facilities. Metropolitan shall have no ownership right, title, security interest or other interest in the Project facilities. 3.2 SMWD shall be solely responsible for all design, environmental compliance, right-of- way acquisitions, permits, construction, and cost of the Project and all modifications thereof. 3.3 SMWD shall be solely responsible for operating and maintaining the Project, in accordance with all applicable local, state, and federal laws. Metropolitan shall have no rights, duties or responsibilities for operation and maintenance of Project facilities. 3.4 SMWD shall install, operate, and maintain metering devices for the purpose of measuring the quantity of Recovered Water and Allowable Yield delivered to each End User. 3.5 SMWD shall also provide electrical metering devices to accurately measure the energy used for the Project to determine incurred operation and maintenance costs. Metropolitan shall not pay for electrical energy costs if SMWD fails to install electrical metering devices. 3.6 SMWD shall at all times during the term of this Agreement, use its best efforts to operate the Project facilities to maximize Allowable Yield on a sustained basis. 3.7 SMWD shall assist Metropolitan in its effort to forecast future Project production and cost. 3.8 SMWD shall notify and provide Metropolitan with a copy of relevant agreements and payments if SMWD decides to convey water using Project facilities to any party that is not an End User.