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<br />b. <br /> <br />. <br /> <br />. <br /> <br />Charges and costs for administration. operation. maintenance, repair and replacement <br />of me Pipeline shall be allocated J.S Gener:1l Pipeline Costs. Except for the fliSt ye:u-. <br />estimated charges and costs for administration. operation. main(enance, repair and <br />replacement shall be based on me anticipated use of me Pipeline for the current <br />Fiscal Year using the costs of administration, operation. maintenance, repair and <br />replacement for the prior Fisc.al Year, plus any positive and negmve adjustments <br />necessary to account for differences between the estimated and acmal costs for the <br />prior year and anticipated differences in the current year. The SWSP Enterprise will <br />reconcile the Allottee's payment with the acrual costs incurred for each Fiscal Year <br />and shall either apply a credit or impose an additional charge on the following year's <br />billing statement. Allotee shall pay the charges shown on the nrst year's billing <br />statement within sixty (60) days after receipt. Allottee shall pay the net charges <br />shown on billing statements for subsequent years by March 15. .-illy interest earned <br />by the SWSP Enterprise on funds paid by the Allottee before being expended by the <br />SWSP Enterprise shall be credited against the succeeding year's General Pipeline <br />COSts. Allottee shall have the right to annually audit, at its expense, the books and <br />records of the SWSP Enterprise relating to the Pipeline. <br /> <br />1. <br /> <br />The requirement to pay .rlministration, operation, maintenance, repair and . <br />replacement charges and COSts of the Pipeline shall be subject to annual <br />appropriation or budgeting of such charges and costs by the ,-l,llottee and shall <br />not be a multiple fiscal year obligation of the Allottee. If those charges and <br />costs are not paid in accordance with this ContraCt, the SWSP Enterprise <br />shall give the Allottee written notice of default hereunder and Allottee shall <br />have ninety (90) days after receipt of the notice to cure the default. In the <br />event that the Allottee does not fully cure the default within said ninety (90) <br />day period, the Allottee shall automatically lose a portion of its allotted <br />capacity ("Lost Capacity") determined by the SWSP Enterprise to be equal <br />in value to the amount of charges and costs not paid and the Allottee shall <br />have no further obligation co pay .rlmini<tration. operation. maintenance. <br />repair and replacement charges and costs of the Pipeline related to the Lost <br />Capacity. The SWSP Enterprise's determination of value of the Lost Capacity <br />shall be based upon the price of at least three recent sales of capacity in the <br />Pipeline, suitably adjusted for inflation and other relevant factors. If three <br />recent sales have not occurred, the SWSP Enterprise's determination of value <br />of the Lost capacicy shall be based upon the original cost of the Pipeline <br />(including all planning, design, permitting, land acquisition. construction and <br />other COSts) suitably adjusted based upon depreciation, inr1ation,interestrates <br />and other relevant factors. Other Participants shall have the right co purchase <br />such Lost Capacicy within ninecy (90) days after the SWSP Enterprise gives <br />notice that it is available for purchase at the value determined by the SWSP <br />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 /> <br />MANAGEMENT/AGRES~~ALLOTMNT.FMG <br /> <br />1~ <br />.- <br />