Common use of Trust Fund Disbursements Clause in Contracts

Trust Fund Disbursements. (i) In any year in which the State’s allocation of water to an Agricultural Contractor by April 15th of that year is less than one-hundred percent (100%) of the contractor’s requested annual entitlement for that year, the trustee shall, to the extent there are funds in that contractor’s account, distribute to the State from such account for the benefit of that contractor an amount equal to the percentage of the total of that contractor’s statement of charges for that year, as redetermined by the State on or about May 15th of that year, for (a) the Delta Water Charge; (b) the capital cost and minimum operation, maintenance, power and replacement components of the Transportation Charge (including off- aqueduct power charges); and (c) the water system revenue bond surcharge, that is equal to the percentage of that contractor’s annual entitlement for that year that was not allocated to it by the State by April 15th of that year. (ii) In addition to the provisions of subdivision (h)(4)(i) of this article, if on April 15 of any year any of the irrigable land within the Tulare Lake Basin Water Storage District (Tulare) is flooded, and Tulare in writing requests the trustee to do so, the trustee shall, to the extent there are funds in Tulare’s account, distribute to the State from such account for the benefit of Tulare an amount equal to the percentage of the total of Tulare’s statement of charges for that year, as redetermined by the State on or about May 15th of that year, for (a) the Delta Water Charge; (b) the capital cost and minimum components of the Transportation Charge (including off-aqueduct power charges); and (c) the water system revenue bond surcharge, that is equal to the percentage of the irrigable land within Tulare that is flooded on April 15. (iii) Each Agricultural Contractor shall remain obligated to make payments to the State as required by other articles in this contract. Any amount to be disbursed pursuant to subdivisions (h)(4)(i) and (h)(4)(ii) shall be paid by the trustee to the State on July 1 of the year involved and shall be credited by the State toward any amounts owed by such respective Agricultural Contractor to the State as of that date. However, an Agricultural Contractor may direct the trustee to make the disbursement to that Agricultural Contractor which shall in turn make the payment to the State as required by other provisions of this contract. If the amount to be disbursed exceeds the amount owed to the State by such contractor as of July 1, the excess shall be disbursed by the Trustee to the State at the time of and in payment of future obligations owed to the State by such contractor. Alternatively, upon the request of such contractor, all or part of the excess shall be paid by the trustee to that contractor in reimbursement of prior payments by the contractor to the State for that year.

Trust Fund Disbursements. (i) In any year in which the State’s 's allocation of water to an Agricultural Contractor by April 15th of that year is less than one-hundred percent (100%) of the contractor’s Contractor's requested annual entitlement Table A amount for that year, the trustee shall, to the extent there are funds in that contractor’s Contractor's account, distribute to the State from such account for the benefit of that contractor Contractor an amount equal to the percentage of the total of that contractor’s Contractor's statement of charges for that year, as redetermined by the State on or about May 15th of that year, for (a) the Delta Water Charge; (b) the capital cost and minimum operation, maintenance, power and replacement components of the Transportation Charge (including off- aqueduct power charges); and (c) the water system revenue bond surcharge, that is equal to the percentage of that contractor’s Contractor's annual entitlement Table A amount for that year that was not allocated to it by the State by April 15th of that year. (ii) In addition to the provisions of subdivision (h)(4)(i) of this article, if on April 15 of any year any of the irrigable land within the Tulare Lake Basin Water Storage District (Tulare) is flooded, and Tulare in writing requests the trustee to do so, the trustee shall, to the extent there are funds in Tulare’s 's account, distribute to the State from such account for the benefit of Tulare an amount equal to the percentage of the total of Tulare’s 's statement of charges for that year, as redetermined by the State on or about May 15th of that year, for (a) the Delta Water Charge; (b) the capital cost and minimum components of the Transportation Charge (including off-off- aqueduct power charges); and (c) the water system revenue bond surcharge, that is equal to the percentage of the irrigable land within Tulare that is flooded on April 15. (iii) Each Agricultural Contractor shall remain obligated to make payments to the State as required by other articles in this contract. Any amount to be disbursed pursuant to subdivisions (h)(4)(i) and (h)(4)(ii) shall be paid by the trustee to the State on July 1 of the year involved and shall be credited by the State toward any amounts owed by such respective Agricultural Contractor to the State as of that date. However, an Agricultural Contractor may direct the trustee to make the disbursement to that Agricultural Contractor which shall in turn make the payment to the State as required by other provisions of this contract. If the amount to be disbursed exceeds the amount owed to the State by such contractor Contractor as of July 1, the excess shall be disbursed by the Trustee to the State at the time of and in payment of future obligations owed to the State by such contractorContractor. Alternatively, upon the request of such contractorContractor, all or part of the excess shall be paid by the trustee to that contractor Contractor in reimbursement of prior payments by the contractor Contractor to the State for that year.

Trust Fund Disbursements. (i) In any year in which the State’s allocation of water to an Agricultural Contractor by April 15th of that year is less than one-hundred percent (100%) of the contractor’s requested annual entitlement for that year, the trustee shall, to the extent there are funds in that contractor’s account, distribute to the State from such account for the benefit of that contractor an amount equal to the percentage of the total of that contractor’s statement of charges for that year, as redetermined by the State on or about May 15th of that year, for (a) the Delta Water Charge; (b) the capital cost and minimum operation, maintenance, power and replacement components of the Transportation Charge (including off- off-aqueduct power charges); and (c) the water system revenue bond surcharge, that is equal to the percentage of that contractor’s annual entitlement for that year that was not allocated to it by the State by April 15th of that year. (ii) In addition to the provisions of subdivision (h)(4)(i) of this article, if on April 15 of any year any of the irrigable land within the Tulare Lake Basin Water Storage District (Tulare) is flooded, and Tulare in writing requests the trustee to do so, the trustee shall, to the extent there are funds in Tulare’s account, distribute to the State from such account for the benefit of Tulare an amount equal to the percentage of the total of Tulare’s statement of charges for that year, as redetermined by the State on or about May 15th of that year, for (a) the Delta Water Charge; (b) the capital cost and minimum components of the Transportation Charge (including off-off- aqueduct power charges); and (c) the water system revenue bond surcharge, that is equal to the percentage of the irrigable land within Tulare that is flooded on April 15. (iii) Each Agricultural Contractor shall remain obligated to make payments to the State as required by other articles in this contract. Any amount to be disbursed pursuant to subdivisions (h)(4)(i) and (h)(4)(ii) shall be paid by the trustee to the State on July 1 of the year involved and shall be credited by the State toward any amounts owed by such respective Agricultural Contractor to the State as of that date. However, an Agricultural Contractor may direct the trustee to make the disbursement to that Agricultural Contractor which shall in turn make the payment to the State as required by other provisions of this contract. If the amount to be disbursed exceeds the amount owed to the State by such contractor as of July 1, the excess shall be disbursed by the Trustee to the State at the time of and in payment of future obligations owed to the State by such contractor. Alternatively, upon the request of such contractor, all or part of the excess shall be paid by the trustee to that contractor in reimbursement of prior payments by the contractor to the State for that year.

Trust Fund Disbursements. (i) In any year in which the State’s allocation of water to an Agricultural Contractor by April 15th of that year is less than one-hundred percent (100%) of the contractor’s requested annual entitlement for that year, the trustee shall, to the extent there are funds in that contractor’s account, distribute to the State from such account for the benefit of that contractor an amount equal to the percentage of the total of that contractor’s statement of charges for that year, as redetermined by the State on or about May 15th of that year, for (a) the Delta Water Charge; (b) the capital cost and minimum operation, maintenance, power and replacement components of the Transportation Charge (including off- off-aqueduct power charges); and (c) the water system revenue bond surcharge, that is equal to the percentage of that contractor’s annual entitlement for that year that was not allocated to it by the State by April 15th of that year. (ii) In addition to the provisions of subdivision (h)(4)(i) of this article, if on April 15 of any year any of the irrigable land within the Tulare Lake Basin Water Storage District (Tulare) is flooded, and Tulare in writing requests the trustee to do so, the trustee shall, to the extent there are funds in Tulare’s account, distribute to the State from such account for the benefit of Tulare an amount equal to the percentage of the total of Tulare’s statement of charges for that year, as redetermined by the State on or about May 15th of that year, for (a) the Delta Water Charge; (b) the capital cost and minimum components of the Transportation Charge (including off-aqueduct power charges); and (c) the water system revenue bond surcharge, that is equal to the percentage of the irrigable land within Tulare that is flooded on April 15. (iii) Each Agricultural Contractor shall remain obligated to make payments to the State as required by other articles in this contract. Any amount to be disbursed pursuant to subdivisions (h)(4)(i) and (h)(4)(ii) shall be paid by the trustee to the State on July 1 of the year involved and shall be credited by the State toward any amounts owed by such respective Agricultural Contractor to the State as of that date. However, an Agricultural Contractor may direct the trustee to make the disbursement to that Agricultural Contractor which shall in turn make the payment to the State as required by other provisions of this contract. If the amount to be disbursed exceeds the amount owed to the State by such contractor as of July 1, the excess shall be disbursed by the Trustee to the State at the time of and in payment of future obligations owed to the State by such contractor. Alternatively, upon the request of such contractor, all or part of the excess shall be paid by the trustee to that contractor in reimbursement of prior payments by the contractor to the State for that year.

Trust Fund Disbursements. (i) In any year in which the State’s allocation of water to an Agricultural Contractor by April 15th of that year is less than one-hundred percent (100%) of the contractor’s requested annual entitlement for that year, the trustee shall, to the extent there are funds in that contractor’s account, distribute to the State from such account for the benefit of that contractor an amount equal to the percentage of the total of that contractor’s statement of charges for that year, as redetermined by the State on or about May 15th of that year, for (a) the Delta Water Charge; (b) the capital cost and minimum operation, maintenance, power and replacement components of the Transportation Charge (including off- aqueduct power charges); and (c) the water system revenue bond surchargesurcharge , that is equal to the percentage of that contractor’s annual entitlement for that year that was not allocated to it by the State by April 15th of that year. (ii) In addition to the provisions of subdivision (h)(4)(i) of this article, if on April 15 of any year any of the irrigable land within the Tulare Lake Basin Water Storage District (Tulare) is flooded, and Tulare in writing requests the trustee to do so, the trustee shall, to the extent there are funds in Tulare’s account, distribute to the State from such account for the benefit of Tulare an amount equal to the percentage of the total of Tulare’s statement of charges for that year, as redetermined by the State on or about May 15th of that year, for (a) the Delta Water Charge; (b) the capital cost and minimum components of the Transportation Charge (including off-aqueduct power charges); and (c) the water system revenue bond surcharge, that is equal to the percentage of the irrigable land within Tulare that is flooded on April 15. (iii) Each Agricultural Contractor shall remain obligated to make payments to the State as required by other articles in this contract. Any amount to be disbursed pursuant to subdivisions (h)(4)(i) and (h)(4)(ii) shall be paid by the trustee to the State on July 1 of the year involved and shall be credited by the State toward any amounts owed by such respective Agricultural Contractor to the State as of that date. However, an Agricultural Contractor may direct the trustee to make the disbursement to that Agricultural Contractor which shall in turn make the payment to the State as required by other provisions of this contract. If the amount to be disbursed exceeds the amount owed to the State by such contractor as of July 1, the excess shall be disbursed by the Trustee to the State at the time of and in payment of future obligations owed to the State by such contractor. Alternatively, upon the request of such contractor, all or part of the excess shall be paid by the trustee to that contractor in reimbursement of prior payments by the contractor to the State for that year.

Trust Fund Disbursements. (i) In any year in which the State’s allocation of water to an Agricultural Contractor by April 15th of that year is less than one-hundred percent (100%) of the contractor’s requested annual entitlement for that year, the trustee shall, to the extent there are funds in that contractor’s account, distribute to the State from such account for the benefit of that contractor an amount equal to the percentage of the total of that contractor’s statement of charges for that year, as redetermined by the State on or about May 15th of that year, for (a) the Delta Water Charge; (b) the capital cost and minimum operation, maintenance, power and replacement components of the Transportation Charge (including off- aqueduct power charges); and (c) the water system revenue bond surcharge, that is equal to the percentage of that contractor’s annual entitlement for that year that was not allocated to it by the State by April 15th of that year. (ii) In addition to the provisions of subdivision (h)(4)(i) of this article, if on April 15 of any year any of the irrigable land within the Tulare Lake Basin Water Storage District (Tulare) is flooded, and Tulare in writing requests the trustee to do so, the trustee shall, to the extent there are funds in Tulare’s account, distribute to the State from such account for the benefit of Tulare an amount equal to the percentage of the total of Tulare’s statement of charges for that year, as redetermined by the State on or about May 15th of that year, for (a) the Delta Water Charge; (b) the capital cost and minimum components of the Transportation Charge (including off-aqueduct power charges); and (c) the water system revenue bond surcharge, that is equal to the percentage of the irrigable land within Tulare that is flooded on April 15. (iii) Each Agricultural Contractor shall remain obligated to make payments to the State as required by other articles in this contract. Any amount to be disbursed pursuant to subdivisions (h)(4)(i) and (h)(4)(ii) shall be paid by the trustee to the State on July 1 of the year involved and shall be credited by the State toward any amounts owed by such respective Agricultural Contractor to the 59 State as of that date. However, an Agricultural Contractor may direct the trustee to make the disbursement to that Agricultural Contractor which shall in turn make the payment to the State as required by other provisions of this contract. If the amount to be disbursed exceeds the amount owed to the State by such contractor as of July 1, the excess shall be disbursed by the Trustee to the State at the time of and in payment of future obligations owed to the State by such contractor. Alternatively, upon the request of such contractor, all or part of the excess shall be paid by the trustee to that contractor in reimbursement of prior payments by the contractor to the State for that year.

Trust Fund Disbursements. (i) In any year in which the State’s 's allocation of water to an Agricultural Contractor by April 15th of that year is less than one-hundred percent (100%) of the contractor’s 's requested annual entitlement Table A amount for that year, the trustee shall, to the extent there are funds in that contractor’s 's account, distribute to the State from such account for the benefit of that contractor an amount equal to the percentage of the total of that contractor’s 's statement of charges for that year, as redetermined by the State on or about May 15th of that year, for (a) the Delta Water Charge; (b) the capital cost and minimum operation, maintenance, power and replacement components of the Transportation Charge (including off- off-aqueduct power charges); and (c) the water system revenue bond surcharge, that is equal to the percentage of that contractor’s 's annual entitlement Table A amount for that year that was not allocated to it by the State by April 15th of that year. (ii) In addition to the provisions of subdivision (h)(4)(i) of this article, if on April 15 of any year any of the irrigable land within the Tulare Lake Basin Water Storage District (Tulare) is flooded, and Tulare in writing requests the trustee to do so, the trustee shall, to the extent there are funds in Tulare’s 's account, distribute to the State from such account for the benefit of Tulare an amount equal to the percentage of the total of Tulare’s 's statement of charges for that year, as redetermined by the State on or about May 15th of that year, for (a) the Delta Water Charge; (b) the capital cost and minimum components of the Transportation Charge (including off-off- aqueduct power charges); and (c) the water system revenue bond surcharge, that is equal to the percentage of the irrigable land within Tulare that is flooded on April 15. (iii) Each Agricultural Contractor shall remain obligated to make payments to the State as required by other articles in this contract. Any amount to be disbursed pursuant to subdivisions (h)(4)(i) and (h)(4)(ii) shall be paid by the trustee to the State on July 1 of the year involved and shall be credited by the State toward any amounts owed by such respective Agricultural Contractor to the State as of that date. However, an Agricultural Contractor may direct the trustee to make the disbursement to that Agricultural Contractor which shall in turn make the payment to the State as required by other provisions of this contract. If the amount to be disbursed exceeds the amount owed to the State by such contractor as of July 1, the excess shall be disbursed by the Trustee to the State at the time of and in payment of future obligations owed to the State by such contractor. Alternatively, upon the request of such contractor, all or part of the excess shall be paid by the trustee to that contractor in reimbursement of prior payments by the contractor to the State for that year.

Trust Fund Disbursements. (i) In any year in which the State’s allocation of water to an Agricultural Contractor by April 15th of that year is less than one-one hundred percent (100%) of the contractor’s requested annual entitlement for that year, the trustee shall, to the extent there are funds in that contractor’s account, distribute to the State from such account for the benefit of that contractor an amount equal to the percentage of the total of that contractor’s statement of charges for that year, as redetermined by the State on or about May 15th of that year, for (a) the Delta Water Charge; (b) the capital cost and minimum operation, maintenance, power and replacement components of the Transportation Charge (including off- off-aqueduct power charges); and (c) the water system revenue bond surcharge, that is equal to the percentage of that contractor’s annual entitlement for that year that was not allocated to it by the State by April 15th of that year. (ii) In addition to the provisions of subdivision (h)(4)(i) of this article, if on April 15 of any year any of the irrigable land within the Tulare Lake Basin Water Storage District (Tulare) is flooded, and Tulare in writing requests the trustee to do so, the trustee shall, to the extent there are funds in Tulare’s account, distribute to the State from such account for the benefit of Tulare an amount equal to the percentage of the total of Tulare’s statement of charges for that year, as redetermined by the State on or about May 15th of that year, for (a) the Delta Water Charge; (b) the capital cost and minimum components of the Transportation Charge (including off-aqueduct power charges); and (c) the water system revenue bond surcharge, that is equal to the percentage of the irrigable land within Tulare that is flooded on April 15. (iii) Each Agricultural Contractor shall remain obligated to make payments to the State as required by other articles in this contract. Any amount to be disbursed pursuant to subdivisions (h)(4)(i) and (h)(4)(ii) shall be paid by the trustee to the State on July 1 of the year involved and shall be credited by the State toward any amounts owed by such respective Agricultural Contractor to the State as of that date. However, an Agricultural Contractor may direct the trustee to make the disbursement to that Agricultural Contractor which shall in turn make the payment to the State as required by other provisions of this contract. If the amount to be disbursed exceeds the amount owed to the State by such contractor as of July 1, the excess shall be disbursed by the Trustee to the State at the time of and in payment of future obligations owed to the State by such contractor. Alternatively, upon the request of such contractor, all or part of the excess shall be paid by the trustee to that contractor in reimbursement of prior payments by the contractor to the State for that year.. apply:

Trust Fund Disbursements. (i) In any year in which the State’s allocation of water to an Agricultural Contractor by April 15th of that year is less than one-hundred percent (100%) of the contractor’s requested annual entitlement for that year, the trustee shall, to the extent there are funds in that contractor’s account, distribute to the State from such account for the benefit of that contractor an amount equal to the percentage of the total of that contractor’s statement of charges for that year, as redetermined by the State on or about May 15th of that year, for (a) the Delta Water Charge; (b) the capital cost and minimum operation, maintenance, power and replacement components of the Transportation Charge (including off- aqueduct power charges); and (c) the water system revenue bond surcharge, that is equal to the percentage of that contractor’s annual entitlement for that year that was not allocated to it by the State by April 15th of that year. (ii) In addition to the provisions of subdivision (h)(4)(i) of h)(4)(i)of this article, if on April 15 of any year any of the irrigable land within the Tulare Lake Basin Water Storage District (Tulare) is flooded, and Tulare in writing requests the trustee to do so, the trustee shall, to the extent there are funds in Tulare’s account, distribute to the State from such account for the benefit of Tulare an amount equal to the percentage of the total of Tulare’s statement of charges for that year, as redetermined by the State on or about May 15th of that year, for (a) the Delta Water Charge; (b) the capital cost and minimum components of the Transportation Charge (including off-aqueduct power charges); and (c) the water system revenue bond surcharge, that is equal to the percentage of the irrigable land within Tulare that is flooded on April 15. (iii) Each Agricultural Contractor shall remain obligated to make payments to the State as required by other articles in this contract. Any amount to be disbursed pursuant to subdivisions (h)(4)(i) and (h)(4)(ii) shall be paid by the trustee to the State on July 1 of the year involved and shall be credited by the State toward any amounts owed by such respective Agricultural Contractor to the State as of that date. However, an Agricultural Contractor may direct the trustee to make the disbursement to that Agricultural Contractor which shall in turn make the payment to the State as required by other provisions of this contract. If the amount to be disbursed exceeds the amount owed to the State by such contractor as of July 1, the excess shall be disbursed by the Trustee to the State at the time of and in payment of future obligations owed to the State by such contractor. Alternatively, upon the request of such contractor, all or part of the excess shall be paid by the trustee to that contractor in reimbursement of prior payments by the contractor to the State for that year.