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1110 411/ <br /> to account for differences between the estimated and actual costs for the prior year and <br /> anticipated differences in the current year. The SWSP Enterprise will reconcile the Allottee's <br /> payment with the actual costs incurred for each Fiscal Year and shall either apply a credit <br /> or impose an additional charge on the following year's billing statement. Allottee shall pay <br /> the charges shown on the first year's billing statement within sixty (60) days after receipt. <br /> Allottee shall pay the net charges shown on billing statements for subsequent years by March <br /> 15. Any interest earned by the SWSP Enterprise on funds paid by the Allottee before being <br /> expended by the SWSP Enterprise shall be credited against the succeeding year's Non-Segment <br /> Specific Costs. Allottee shall have the right to annually audit, at its expense, the books <br /> and records of the SWSP Enterprise relating to the Pipeline. <br /> b. i. The requirement to pay administration, operation, maintenance, repair and replacement <br /> charges and costs of the Pipeline shall be subject to annual appropriation or <br /> budgeting of such charges and costs by the Allottee and shall not be a multiple fiscal <br /> year obligation of the Allottee. If those charges and costs are not paid in <br /> accordance with this Contract, the SWSP Enterprise shall give the Allottee written <br /> notice of default hereunder and Allottee shall have ninety (90) days after receipt of <br /> the notice to cure the default. In the event that the Allottee does not fully cure <br /> the default within said ninety (90) day period, the Allottee shall automatically lose <br /> a portion of its allotted capacity ("Lost Capacity") determined by the SWSP Enterprise <br /> to be equal in value to the amount of charges and costs not paid and the Allottee <br /> Ball have no further obligation to pay administration, operation, maintenance, repair <br /> a- replacement charges and costs of the Pipeline related to the Lost Capacity. The <br /> 'e, : ' Enterprise's determination of value of the Lost Capacity shall be based upon the <br /> price . :t least three recent sales of capacity in the Pipeline, suitably adjusted <br /> > A nfl, 'o and other relevant factors. If three recent sales have not occurred, <br /> e S:, '`•rise's determination of value of the Lost Capacity shall be based upon <br /> tr• ' •inal cost of the Pipeline (including all planning, design, permitting, land <br /> acquisition, construction and other costs) suitably adjusted based upon depreciation, <br /> inflation, interest rates and other relevant factors. Other Participants shall have <br /> the right to purchase such Lost Capacity within ninety (90) days after the SWSP <br /> Enterprise gives notice that it is available for purchase at the value determined by <br /> the SWSP Enterprise, plus any costs that the SWSP Enterprise incurs in performing its <br /> duties under this paragraph. If there are more Participant purchasers than Lost <br /> Capacity available for sale, it shall be allocated based upon each Participant's <br /> previously allotted capacity in the Pipeline as set forth on Schedule B. If not all <br /> of the Lost Capacity is purchased by the other Participants within the ninety (90) day <br /> period, the SWSP Enterprise may sell the Lost Capacity to any Entity eligible to use <br /> Pipeline capacity hereunder at the price at which it was offered to the Participants. <br /> After any such sale, any amount in excess of the unpaid charges and costs plus <br /> interest and any costs that the SWSP Enterprise incurs in performing its duties under <br /> this paragraph shall be refunded to the Allottee. <br /> ii. If the SWSP Enterprise is unable to sell the Lost Capacity within ninety (90) days <br /> after it is offered for sale to any Entity eligible to use Pipeline capacity <br /> hereunder, the SWSP Enterprise shall have the right to terminate deliveries to the <br /> Allottee. After such termination of delivery, the SWSP Enterprise shall continue to <br /> offer the Lost Capacity for sale at the price at which it was offered to the <br /> Participants and water deliveries to Allottee shall be resumed (for capacity for which <br /> payments are current and which has not been sold) upon sale of the Lost Capacity to <br /> Allottee or any other eligible Entity. Unpaid operating and maintenance expenses <br /> shall be drawn from the reserve fund. The reserve fund shall be replenished by the <br /> 10 <br />