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S IP <br /> totally performed all obligations requisite to the allocation of capacity by the SWSP <br /> Enterprise. It is the parties' intent and belief that the prepaid vested right to capacity <br /> in the Pipeline is neither an executory contract nor an unexpired lease and the parties intend <br /> that the Allottee's right to capacity is not a species of property that is subject to the <br /> assumption - rejection provisions of 11 U.S.C. § 365 in the case of an eventual bankruptcy by <br /> the SWSP Enterprise, the District or any of its successors or assigns. <br /> f. It is possible in the future that the capacity of the Pipeline may be increased by the <br /> application of new technologies, which capacity would be above that originally constructed and <br /> allocated on Schedule B. All existing Participants at the time of expansion shall have a right <br /> of first refusal to participate in the construction of the increased capacity. It is the <br /> intention of SWSP Enterprise and the Allottee that all future participants in the project to <br /> increase capacity of the Pipeline shall pay for their share of the cost of the Pipeline <br /> adjusted through the date of the calculation as set forth below. Therefore, the cost of the <br /> construction of the increased capacity shall be added to the original cost for construction <br /> of the Pipeline, including, General Pipeline Costs, Individual Segment Specific Costs and Non- <br /> Segment Specific Costs, plus 9 percent (9%) interest, from the date the funds were expended <br /> by the Initial Participants through the date of completion of construction of the increased <br /> capacity. The total costs for each Segment as such Segments are defined on Schedule B, shall <br /> be allocated between and among the Participants in the original Pipeline and the participants <br /> in the increased capacity project. Participants in the increased capacity project shall make <br /> reimbursement to each of the original Pipeline Participants of the amounts necessary to adjust <br /> the contributions of the original Pipeline Participants and the increased capacity Participants <br /> based upon the new allocation by Segment so tha 1 •articipants will have paid the same <br /> amount per unit of capacity per Segment. r <br /> AS <br /> g. The right of first refusal set forth above shall requ ' 4 :- tise to offer to each of <br /> the Participants the opportunity to parts,, .. to- construction of the increased capacity <br /> on terms and conditions substantially sip* . % :11.hw'= ti; 'n•. , participate in such <br /> project. Allottee shall have sixty (:i -oak f _<` to r +t +.' the final terms and <br /> conditions of the participation to respond in writing �w th ''. !•;.' ; d: ire to participate. <br /> Allottee's right of first refusal shall terminate only as to those co racts for increased <br /> capacity which are completed upon terms substantially similar to those offered to Allottee and <br /> to which Allottee did not respond with its desire to participate within the sixty-day period. <br /> Unless previously terminated pursuant to this paragraph, Allottee's right of first refusal <br /> shall terminate on the last day of the 90th year after execution of this Contract. <br /> 3. Use of Capacity and Water. <br /> 1 <br /> a. Pipeline capacity allotted herein shall be used only for the transmission of: (i) District 1 <br /> water or Subdistrict water from the Carter Lake to Broomfield Pipeline; (ii) non-District water <br /> or non-Subdistrict water used by direct diversion, by exchange or otherwise, only within the <br /> boundaries of the District or the Subdistrict or any other property eligible for inclusion <br /> within the District or Subdistrict upon the inclusion thereof; (iii) any other water <br /> deliverable from the Fort Lupton/Hudson Pipeline with the specific approval of the Board and <br /> the approval of the Secretary of the Interior of the United States of America or his designee <br /> (if Secretarial approval is required by law or contract); or (iv) any other water with the <br /> specific approval of the Board; all for the use of Allottee, its water customers, or other <br /> Entities permitted hereunder. All water introduced into the Pipeline from sources other than <br /> the Carter Lake to Broomfield Pipeline shall be of a quality at least equal to that in the <br /> Carter Lake to Broomfield Pipeline at the time of the introduction of said water. <br /> 4 <br />