C150004 Contract - Laserfiche WebLink

Home Browse Search

. . ll. At such time that it appe:lrS that the five percent (5%) fund provided in paragraph 6.b.i., item I) will be depleted, the SWSP Enterprise shall give at least fifteen (U) days advance wrirren notice to all Participants accompanied by reasonable information regarding past change orders and the possible need for additional change orders, and may request additional contributions from the escrow account described in paragraph 6.b.i., item 2) , or from other sources if the escrow account has been depleted. In the event that [10 Participant a"arees to provide the additional funds, the SWSP Enterprise shall either complete construction of the Project, if possible, with the rem"ining funds available to it or proceed in accordance with paragraph! 7 below. In the event that one or more Participants agrees to provide the additional funds, the SWSP Enterprise shall request in writing that all Participants provide their pro rata share of the additional funds and proceed pursuant to paragraph 6.b.iii. below. iii. Within thirty (30) days after the SWSP Enterprise's written request pursuant to paragraph 6.b.ii. above, Allottee shall pay the SWSP Enterprise such additional funds as are necessary to complete construction of the Pipeline. The requirement to pay such additional sums shall be subject to annual appropriations or budgets of such sums by the Allorree. If Alionee is unable or unwilling to make such requested payments, Allorree shall automatically lose a portion of its alloned capacity in the Pipeline ['ursuant to the procedures set out in paragraph 8.b.i. below, and the Allorree shall have no further obligation to pay such sums or additional future sums related to the lost portions of its allotted capacity. iv The SWSP Enterprise shall deposit all funds provided by the Allottee pursuant to paragraphs 6.b., 6.b.i.. 6.b.ii. and 6.b.iii. above in an interest bearing account and shall credit the Allonee with the interest eamed on said funds, v. Allonee agrees to make payment of, pursuant co the procedures set out in paragraph 8.a. below and subject to paragraph 8.b. below, its share of annual charges and cOSts incurred by the SWSP Enterprise in the administration, operation, maintenance, repair, and replacement of the Pipeline and such other annual costs as may arise from and be attributable to the operation of the Pipeline. Vl. Allottee agrees to make payment of, pursuant to the procedures set out in paragraph 8.a. below and subject to paragraph 8.b. below, its share of such an annual amount as the Board shall determine to be necessary to establish .\<IANAGE?vlE:-<T/AGREEMENTS/ALLOTMNT.F!v1G 10