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DRAFT <br />of water provided to Little Canada at the Point of Delivery. The <br />Water Volume Charge shall be charged at the same time and <br />frequency as the Water Service Base Fee. <br />B. The parties agree to review the Charges every five (5) years or if' a <br />significant change to the Board's retail billing structure is implemented. <br />This review shall include a cost of service study, which shall review the <br />return on Board assets, asset allocations and other economic factors. All <br />costs for this review shall be shared equally by the Board and Little <br />Canada. The same methodolo ' shall be used as in the Cost of Service <br />Study to Serve Wholesale Customers prepared for Saint Paul Regional <br />Water Services in February 2013. <br />C. Little Canada may conduct additional cost of service studies, if desired, at <br />its own cost, using the same methodology referenced in Section 7.01.B. <br />The Board may if requested by Little Canada, consider the results of any <br />such study and determine whether to amend the Charges set forth in <br />Section 7.01.A. <br />C. Notwithstanding the above, if, whether as a result of such review or <br />otherwise, the Board materially changes its retail billing structure, either <br />of its own accord or at the requirement of other governmental entities, <br />both parties agree that the Charges will be adjusted by the Board. All <br />reasonable effort shall be taken to make sure this adjustment shall not <br />harm Little Canada by increasing Little Canada's overall cost, and shall <br />not harm the Board by decreasing the Board's overall revenue under the <br />contract. <br />2. The effective date of this Amendment shall be January 1, 2013. <br />3. All provisions of the original Agreement shall remain in full force and effect. Little <br />Canada now hereby waives and fully releases and dismisses any and all claims whatsoever that it <br />is, or ever was, entitled to a volume discount under the original Agreement; and furthermore <br />waives and fully releases and dismisses any and all claims whatsoever that any prior rates paid <br />under the Agreement, or the rates agreed to above, constitute overcharging of Little Canada in <br />any way. Little Canada agrees to dismiss, with prejudice, any currently pending lawsuit against <br />the Board, and has entered into this Amendment No. 1 to Contract for Water Services with the <br />advice of and full consultation with legal counsel. <br />[The remainder of this page left intentionally blank.] <br />4 <br />