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I subiect to approval by the rSponsorl's governing body. If the rSponsorl's governing body approves a further payment, the rSponsor 1 agrees to make the payment within 15 days of the date of the governing body's approval. The [Sponsor] agrees to make an initial lump sum payment~ to the Agcncy in the amount of the [Sponsor]' s sharc of the estimated amounts due for services rcndered to the Agency under Section 1.1 above during fiscal Year 2006 2007. The amount of this payment ..vill be $124,301.00. The [Sponsor] agrees to make this payment not later than .'\pril 25, 2007. If Agency rcyenues exceed expenses for fiscal Year 2006 2007, the excess revenues \vill be credited to the next payment due from each Sponsor, unless othervlise determined by the Agency Board. If expenses exceed revenues, the Staff Services contractor '.vill send an iIl'Ioiee to the [Sponsor] and each other Sponsor for their pro rata shares of the shortfall, and thc [Sponsor] agrees to pay its prorata share amount to the Agency within 15 days of the date of the invoice. C. The Parties agree that a further amendment to the Agreement will be required to provide for any payments by the rSponsor 1 towards Agency expenses in the Agency's 2008-2009 Fiscal Year. In the eyent this l'\greement continues into one or more subsequent fiscal years of the .A..gency, the [Sponsor] agrees to pay to the Agency the amounts shown in tables similar to the "Individual Participant Costs for fiseal Year 2006 2007" table includcd on .^.ttaehment .A.. for each fiscal year as approved by the .A.gency Board, and with the frequency of payments and tme up procedures as determined by the .A.geney Board. I D. In the event that the [Sponsor] does not make a payment to the Agency by the deadline for the payment, the [Sponsor] agrees to pay to the Agency, in addition to the payment amount owed, a five percent late payment penalty. If the [Sponsor]'s payment is more than 30 days past due, the [Sponsor] agrees to pay to the Agency, in addition to the payment and penalty amounts owed, one percent interest per month on the payment amount owed until it is fully paid. E. In the event the Agency files suit to collect a payment due from the [Sponsor] under this Agreement, the [Sponsor] agrees to pay the attorney fees and costs incurred by the Agency in enforcing this Agreement. 4. The Parties agree that except as amended by this Amendment, all of the terms and conditions of the Agreement remain in full force and effect. HAYS CALDWELL PUBLIC UTILITY AG~ . By: ~ Susan Narvaiz Chair, Board of Directors I III tJ -,... --7 Date: L)/-r~-;{ -C. AT~ Chris Betz Secretary, Board of Directors Date: I };'/OY ! ( 3