which does not completely equalize the value between the parties. If the parties are <br /> unsuccessful in equalizing the value plus interest (as provided in this paragraph) on or <br /> before the tenth (10th) anniversary of this Memorandum of Understanding, then the <br /> party who still has not contributed sufficient money or property shall immediately pay, <br /> in cash, to the other party an amount sufficient to make up the difference in value <br /> plus interest accrued up to that time. <br /> 7. EWEB and the City further agree to adhere to the schedule attached as <br /> Exhibit "D ". However, if a party fails to comply with the Schedule of Activities as shown <br /> in Exhibit "D" as a result of delays beyond its control, then that party shall not be <br /> deemed to be in breach of this agreement as long as that party is working with due <br /> diligence to proceed forward with this matter. <br /> DATED this /9 day of February, 1992. <br /> EUGENE WATER & ELECTRIC BOARD CITY OF EUGENE <br /> =.T Gam 380 <br /> Coact Administrator Dept. # Signed <br /> dir Micheal D. Gleason, City Manager <br /> Gener:1 Mana•. a <br /> Page 3 of 3 <br />