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l <br />4.04 Itemization <br />At the close of the First Billing Period and <br />thereafter the Houston Director shall prepare for <br />Authority Director an itemization of all accounts <br />Production 0 & M Expense and Pumping 0 & M Expens <br />Director shall have thirty (30) days from receipt <br />to conduct such review. <br />every Billing Period <br />review by the <br />used to compute <br />e. The Authority <br />of such itemization <br />x•05 Excess Production Fee and Excess Pumpage Fee <br />In the event that the Project is not being operated at its <br />Production Capacity or its Pumping Capacity, Houston or the Authority <br />may, with agreement of the other party, use a portion of the unused <br />Production Capacity of Pumping Capacity of such other party. During a <br />Billing Period when such additional Production Capacity or Pumping <br />Capacity is used, the party using the same shall be subject to_paying <br />an excess production fee or the excess Pumpage fee, or both, as the <br />case may be. Such fees shall be established by mutual agreement of tt3e <br />parties. Any agreement between the Authority and another Project <br />participant for use of additional Production Capacity or Pumping <br />Capacity shall be subject to prior review of the Houston Director. <br />ARTICLE V <br />MISCELLANEOUS <br />5.07 Title to All Water Produced by the Project <br />Title to all water produced by the Project shall remain in Houston <br />and the Authority (and other participants, if any), jointly in <br />- proportion to their Demand Allocation Factors, until the same sha13•- <br />`-::pass throu..the Point of Delivery. Thereafter, the Authority sfiat~, <br />_ in ex~lusi~re control. a,ud possession thereof and solely'respons b3e <br />therefore. <br />5.02 Unit of Measurement <br />" The unit of measurement for water produced and delivered by~the <br />Project shall be 1,000 gallons, U.S. Standard Liquid Measure. <br />5.03 Regulatory Action <br />The parties recognize that the obligations of Houston to render <br />operation and maintenance services as provided in this Contract are <br />subject to all present and future permits, rules or regulations issued <br />or adopted from time to time by any regulatory authority having <br />jurisdiction, and the parties agree to cooperate in making such <br />applications and in taking such actions as may be desirable to obtain <br />compliance therewith. <br />16 <br />