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1983-0609_PASIFIC TELEPHONE /TELEGRAPH_Agreement0 ASSOCIATE PARTY AGREEMENT THIS AGREEMENT made as of the 9TH day of _ JUNE , 1983, and among SOUTHERN CALIFORNIA GAS COMPANY, THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, GENERAL TELEPHONE COMPANY OF CALIFORNIA, SOUTHERN CALIFORNIA EDISON (hereinafter referred to as "Principal Parties") and CAPISTRANO VALLEY WATER DISTRICT (hereinafter referred to as "Associate Party"). WITNESSETH: WHEREAS, the Principal Parties have heretofore entered into an Agreement dated as of July 1, 1976 (hereinafter referred to as the "Principal Party Agreement"), a copy of which is attached hereto and made a part hereof, and WHEREAS, Associate Party desires to become a participating Associate Party under the Principal Party Agreement, NOW, THEREFORE, the parties agree as follows: 1. Associate Party accepts and agrees to be bound by the terms and conditions of the Principal Party Agreement. 0 • 2. The Principal Parties agree that Associate Party shall be,accepted as a participating Associate Party under the Principal Party Agreement. 3. The fees to be paid by Associate Party for participating under the Principal Party Agreement as a participating- Associate Party shall be determined in accord- ance with Principal Party Agreement and Exhibit 1 attached hereto. The provisions of the foregoing paragraph are not intended to, nor do they modify any additional obligation of Associate Party arising under the provisions of Article 4 of the Principal Party Agreement. 4. For the protection of the Principal Parties, Associate Party shall secure and maintain in force during the term of this Associate Party Agreement, comprehensive liability insurance, including contractual liability insurance, with minimum limits of $500,000 each occurrence for injury or death of any person or persons resulting from the same occurrence, and property damage coverage in the amount of $500,000 each occurrence. Such insurance shall be in such form and with such companies as may be acceptable to the Principal Parties. A certificate or certificates evidencing such insurance shall be filed with the Contractor under the Principal Party Agreement within fifteen (15) days of the date hereof. Such certificate or certificates shall provide - 2 - evidence that the policies of such insurance have been endorsed so as to provide twenty (20) days notice of the cancellation or change thereof to Contractor at the Con- tractor's address. Any written notice directed to Associate Party shall be addressed as follows: CAPISTRANO VALLEY WATER DISTRICT 31301 Andres Pico Road San Juan Capistrano 92675 5. An Associate Party member who does not operate underground facilities within the intent of this Agreement and/or does not desire to receive messages from the call center is exempt from the requirements of para- graphs 1, 2, 3 and 4 above. Zn -consideration of waiver of the foregoing requirements and in recognition of the services provided by the call center to excavators, under- ground operators and to the general public to reduce damages and prevent interruption of necessary services the Associate Party member agrees to pay in accordance with the terms of this Agreement. 6. This Agreement shall become effective on the day and year above first written and shall continue in effect for a period of one (1) year and from month to month thereafter; provided, however, that this Agreement may be terminated at any time after one (1) year by the - 3 - 0 0 Associate Party member upon thirty (30) days' prior written notice to each Principal Party or at any time after one (1) year by all Principal Parties upon thirty (30) days' prior written notice to the Associate Party. Any Principal Party may terminate its participation in this Agreement at any time after one (1) year upon ninety (90) days' prior written notice to the other Principal Parties and the Associate Party without affecting the remainder of this Agreement. 7. Notices provided for in this agreement to be given by participating Associate Parties to Contractor and the Principal Parties may be given by delivering such notice to the one call center addressed to Contractor and Principal Parties by their individual names. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers as of the day and year above first written. CAPISTRANO VALLEY WATER DISTRICT oc e P ty By �l ANTHONY L. LAND Title rWATRMAN By1[-ti CEC LIA V SQUEZ Title CLERK OF TH BO PRINCIPAL PARTIES THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY GENERAL TELEPHONE COMPANY OF CALIFORNIA SOUTHERN.CALIFORNIA EDISON COMPANY SOUTHERN CALIFORNIA GAS COMPANY SAN DIEGO GAS AND ELECTRIC COMPANY Title: Chairman, Board of Governors Underground Service Alert Authorized representative for the Principal Parties