C150004 Contract - Laserfiche WebLink

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expansion sa have a right of first refusal co PartiCi. in che consuucaon of the increased capacity. It is che intention of the SWSP Enterprise and the Allottee that all furure participants in che project to increase capacity of the Pipeline shall pay forcheir share of the cost of the Pipeline adjusted. through the date of the calculation as set forth below. Therefore, che cost of che consrruction of che increased capacity shall be added to the original cost for conSlIUcaon of the Pipeline, plus 9 percent (9%) interest. from the date me funds were expended by the Initial Participants through the date of completion of consuuction of the increased capacity. The cotal costs shall be allocated between and among the Participants in the original Pipeline and the participants in che increased capacity projec" Participants in che increased capacity project shall make reimbursement to each of the original Pipeline Participants of me amounts necessary to adjust the contributions of the original Pipeline Participants and the increased capacity participants based upon the new allocation so chat all panicipants will have paid the same amount per unit of capacity. g. The right of first refusal set fonh above shall require SWSP Enterprise to offer to each of the Participants the opponunlty co participate in the consuuction of the increased capacity on terms and conditions substantially similar co all others requesting to I?articipate in such project. Allonee shall have sixty (60) days from the . receipt of che final terms and conditions of the participation to respond in writing with regard to its desire to participate. Al!onee' s right of first refusal shall terminate only as to those concracts for increased capacity which are completed upon terms substantially similar to those offered to Allottee and to which Allottee did not respond with its desire to participate within the sixry-day period. Unless previously terminated pursuant to this paragraph, Allottee's right of first refusal shall terminate on the last day of the 90th year after execution of this Conrract. 3. UseofCaoacitvandWater. a. Pipeline capacity allotted herein shall be used onlyforthe transmission of: (i) District water or Subdistrict water from the Fort LuptonlHudson Pipeline; (il) non-District water or Clon-Subdistrict water used by direCt diversion, by exchange or otherwise, only within the boundaries of the District or the Subdistrict or any other property eligible for inclusion within the District or Subdistrict upon che inclusion thereof; (ill) any other water deliverable from the Pipeline with the specific approval of the Board and the approval of the Secretary of the Interior of che United States of America or his designee (if Secretarial approval is required by law or concract); or (iv) any other water with the specific approval of the Board; all for the use of Allottee, its water custOmers, or other Entities permined hereunder. All water incroduced into the Pipeline from sources omer th:m the Fort LupronlHudson Pipeline shall be of a quality at least equal to thaC in the Fort LuptonIHudson Pipeline at the time of the incroduction of said water. .VlANAGE:vtENTIAGREEMENTS/ALLOTIvlNT.FMG 5