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<br />. <br /> <br />. <br /> <br />Enterorise as co whedlerrhe disruption is acceptable or unacceptable.lfme scheduled <br />disruption is unacceptable. Allottee shall stare conditions under which me disruption <br />would be acceptable [0 Allottee and provide a minimum disruption of seven (7) <br />consec:.ltive days. SWSP Enterprise shall not proceed in permitting me scheduled <br />disruPtion unless and until issues raised in me response notice have been addressed <br />to reasonably assure unimpaired delivery to Allottee's service users. <br /> <br />c. AlloTtee's delivery point from the Pipeline set OUt above and dle minimum hydraulic <br />elevation at the delivery point described in Schedule B shall not be changed by me <br />SWSP Enterprise without the written consent of Allottee. The Allottee at its sole <br />discretion may designate one or more alternate points for delivery from its delivery <br />point described in Schedule A to another point upstream on the Pipeline without the <br />consent of SWSP Enterprise so long as the change redesignation does not adversely <br />affect the hydraulic characteristics or operation of me Pipeline; provided, however. <br />Allottee shall pay all costs of design, engineering, construction and administration <br />of changing its delivery point(s). <br /> <br />d. Tn the evenc that the Pipeline. after completion of construction. has capacity in excess <br />of the initially allocated capacity ("Excess Capacity"), Allottee shall have me . <br />perpetUal, exclusive right to use a pro rata share of the E,'tcess Capacity at Allottee's <br />point of delivery. The Allonee's pro rata share of the Excess Capacity shall be the <br />Allonee's percentage of the capaciry of the Pipeline allocated in this Contract times <br />the total amount of Excess Capacity for the Pipeline. Allottee's perpetual, exclusive <br />right to use Excess Capaciry hereunder shall be at no increased COSt and shall be <br />subject [0 Allottee's full compliance with all the terms, conditions and obligations <br />hereinafter set fonh. Allottee shall have the right, at its wrinen request, to have the <br />Excess Capacity allocated in one (I) or more additional Allotment Contracts. <br /> <br />e. The allocation of capaciry pursuantto this Contract constitUtes a vested properryright <br />for which the Allonee has paid fair and adequate consideration. Said allocation is not <br />in any way executory in nature and it is me parties' intent and the economic <br />substance of this tranSaction that upon the payment of Allottee's Construction Costs. <br />me Allonee shall have totally performed ail obligations requisite to the allocation of <br />capacity by the SWSP Enterprise. It is the parties' intent and belief that the prepaid <br />vested right to capacity in the Pipeline is neither an executory contract nor an <br />unexpired lease and the parties intend that the AlloTtee's right co capacity is not a <br />species of properry that is subject [0 the assumption - rejection provisions of II <br />U.S.c. ~ 365 in the case of an eventUal bankruptcy by the SWSP Enterprise, the <br />District or any of its successors or assigns. <br /> <br />f. It is possible in me furore that the capacity of me Pipeline may be increased by me <br />application of new technologies. which capacity would be above that originally <br />constructed and allocated on Schedule B. All existing Participants at the time of <br /> <br />Y1ANAGE:v1ENT/AGREe-tE:.'ITS/ALLOTMNT.F?vIG 4 <br />