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s (w) J the extent that the Developer ' s Water is available and is delivered to the City ' s turnout on the Delta-Mendota Canal, or such other point of diversion which may be agreed to by the parties hereto, treat such water at its water treatment plant and deliver such water to the Assignment Property via the water service line (the "Water Service Line") up to a maximum daily average of one million five hundred twenty thousand two hundred fifty-nine (1, 520, 259) gallons per day, provided that the Water Service Line constructed by K&L and Safeway has the capacity to serve such flow. The City, K&L and Safeway shall cooperate in good faith to establish mutually agreeable accounting and billing procedures with respect to the Developer ' s Water, which procedures shall be subject to the approval of the Bureau of Reclamation and the District. Sut ect only to the provisions of Paragraph 5 (e) below and notwithstanding anything else in this Agreement to the contrary, the City shall be obligated to treat and deliver only that amount of water which K&L and Safeway (and their successors and assigns) receive from the District and deliver to the City' s turnout up to the maximum daily average amount set forth above. The City shall not, however, restrict or limit the amount of said water treated and delivered to and for the benefit of the Assignment Property on any basis other than a supply restriction imposed by a third party other than the City. The Water Service Line shall be constructed by K&L and Safeway, t at their cost, in the location set forth on Exhibit C attached hereto and in accordance with plans and specifications therefor approved by the City, which are set forth 'on Exhibit D attached hereto. K&L and Safeway shall be responsible for obtaining all necessary permits and approvals required to construct the Water Service Line and the City shall promptly process all City approvals and permits which are required in connection with such construction. K&L and Safeway shall reimburse the City for costs , fees and charges incurred in connection with the construction of the Water Service Line on the same basis and to the same extent set forth in Paragraphs 3 (a) and 3 (c) above for reimbursement to the City of such cos-s, fees and charges incurred in connection with City processing and construction of the Corral Hollow Line. The City shall cooperate with K&L and Safeway in order to permit such parties to complete construction of the Water Service Line on or before December 31, 1991. Upon completion satisfactory to the City of the Water Service Line, K&L and Safeway shall dedicate the Water Service Line to the City, an(:! the City shall accept and thereafter fully own, operate and maintain the Water Service Line provided, however, that prior to such acceptance the City shall receive an interest from the County of San Joaquin evidencing. the City ' s ownership of the Water Service Line on the terms and conditions applicable to the j similar interest described in Paragraph 3 (b) above in connection with the Corral Hollow Line. y (b) Restrictions on Use and Amount. The parties acknowledge that K&L and Safeway ' s respective contracts with the eb\mhw\watersup.agr 10 - F