C150004 Contract - Laserfiche WebLink

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. . Capacity available for sale, it shall be allocated based upon each participant's previoU5ly ailottedcapacity in the Pipeline as set fonh on Schedule B. Ifnot all of the Lost Capacity is purchased by the other participantS within the ninety (90) day period. the SWSP Enterprise may sell the Lost Capacity to an Entiry eligible ro use Pipeline capaciry hereunder at the price at which it was offered ro the Participants. After any such sale, any amount in excess of the unpaid charges and costs plus interest and any costs that the SWSP Enterprise incurs in petforming its duties under this paragraph shall be refunded co the Allottee. 11 If the SWSP Enterprise is unable to sell the Lost Capaciry within ninery (90) days after it is offered for sale ro any entiry eligible ro use Pipeline capaciry hereunder, the SWSP Enterprise shall have the ricin to terminate deliveries . - to the Allottee. After such termination of delivery, the SWSP Enterprise shall continue to offer the Lost Capacity for sale at the price at which it was offered to the Participants and water deliveries to Allottee shall be resumed (for capacity for which payments are current and which has not been sold) upon sale of the Lost Capaciry to Allottee or any other eligible Entiry. Unpaid operating and maintenance expenses shall be drawn from the reserve fund. .. The reserve fund shall be replenished by the Participants annually. This paragraph shall provide the SWSP Enterprise's exclusive remedy for recovering administration, operation, maintenance, repair and replacement costs in the event that Allottee does not appropriate funds or pay those costs as provided in paragraph 8.a. above. c. The Allottee's payment of annual arlministrarion, operation. maintenance, repair and replacement charges and costs of the Pipeline, pursuant to the preceding paragraphs 6.b. v., 6.b. vi., 8.a. and 8.b., does not in any way impair the vested narure of the allocation of capacity pursuant to this Contract and are not related to the value of that vested right. These obligations do not conven the Allottee's prepaid right of possession orits allotted capaciry in the Pipeline inco any form of any executoty lease or contract. 9. Comnletion Date. Attached !lereto as Exhibit 2 is a time line for constrUction and completion of the Pipeline. The time line may be modified for good cause. The SWSP Enterprise shall complete constrUction of the Pipeline in accordance with the time line as modified, subject to force majeure events, failure of the Participants to make required payments under this or similar contracts and, so long as the delay is not a direct or indirect result of SWSP Enterprise's negligence, delays beyond the SWSP Enterprise's reasonable control occuning in the right-of-way acquisition process or caused by the construction process or the construction contractors. In addition, the completion date is subject to change based o.pon mutual agreement of all of the Participants, as conditions and available information warrant. MANAGE),JENTIAGREE\1E:-lTSIALLOTMNT.FMG 13