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.....?;1'. :'~ - . , ' , . , ;.. 8. Pavrnent of Chan:es. a. Payment of the costs for annual administration. operation and maintenance. including repair, shall be the responsibility of the Participants which shall be allocated on the same percentages which determine each PartiCipant's Construction Costs, including the Allottee's Construction Costs as set forth on Schedule B. No later than three (3) months prior to the completion of construction of the Pipeline, IDe SWSP Enterprise shall Issue a bll!lng statement to Allottee requlrlng payment of the anticipated annual charges and costs to be Incurred for admlnistration, operation, maintenance, repair and replacement of the Pipeline for the remainder of that Fiscal Year, pursuant to paragraphs 6,b.v. and 6.b.vl. above and to estabUsh reserve funds. In succeecUng years, a statement of estimated annual charges shall be Issued on or before October 15 of each year for the current FIScal Year. A bllllng statement for annual charges shall be Issued on or before January 15 of each year for the current Fiscal Year. Charges and costs for administration. operation, maintenance, repair and replacement of the Pipeline shall be allocated either as General Pipeline Costs. Individual Segment Specific Costs or Non-Segment Specific Costs as described In paragraphs 5.a., 5.b. and 5.c. above, Except for the fust year, estimated charges and costs for admlnistration, operation, maintenance, repair and replacement shall be based on the anticipated use of the Pipeline for the current Fiscal Year using the costs of admlnistration, operation, malntenance, repair and replacement for the prior Fiscal Year, plus any positive and negative adjustments necessaIY to account for differences between the estimated and actual costs for the prior year and anticipated differences In the current year. The SWSP Enterprise will reconcile the Allottee's payment with the actual costs Incurred for each Fiscal Year and shall either apply a credit or impose an additional charge on the following year's bll!lng statement. Allottee shall pay. the charges shown on the fust year's bll!lng statement within sixty (60) days after receipt. Allottee shall pay the net charges shown on bllling statements for subsequent years by March 15. Any Interest earned by the SWSP Enterprise on funds paid by the Allottee before being expended by the SWSP Enterprise shall be credited against the succeeding year's Non-Segment Specific Costs. Allottee shall have the right to annually audit, at its expense, the books and records of the SWSP Enterprise relating to the Pipeline. b. l. The requirement to pay administration, operation, maintenance, repair and replacement charges and costs of the Pipeline shall be subject to annual approprtation or budgeting of such charges and costs by the Allottee and shall not be a multiple fiscal year obligation of the Allottee. If those charges and costs are not paid In accordance with this Contract, the SWSP Enterprise sl1all give the Allottee written notice of default hereunder and Allottee shall have ninety (90) days after receipt of the notice to cure the defalJlt. In the event that the Allottee does not fully cure the default within said ninety (90) day period, the Allottee shall automatically lose a portion of Its allotted capacity ("Lost Capacity") determined by the SWSP Enterprise to be equal in value to the amount of charges and costs not paid and the Allottee shall have no further obligation to pay administration, operation, maintenance, repair and replacement charges and costs of the Pipeline related to the Lost Capacity. The SWSP Enterprlse's determination of value of the Lost Capacity shall be based upon the price of at least three recent sales of capacity In the Pipeline. suitably adjusted for inflation and other relevant factors. If three recent sales have not occurred, the SWSP Enterprlse's determination of value of the Lost Capacity shall be based upon the ' original cost of the Pipeline (including all planning, design, permitting, 11