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/-~:::'\ land acquisition. constrUction and other_costs) suitably adjusted based upon depreciation. inflation. interest rates and other relevant factors. Other PartiCipants shall have the right to purchase such Lost Capacity within ninety (90) days after the SWSP EnterpriSe gives notice that it is available for purchase at the value determined by the SWSP EnterpriSe. plus any costs that the SWSP Enterprise incurs in performing its duties under this paragraph. If there are more PartiCipant purchasers than Lost Capacity available for sale. it shall be allocated based upon each PartiCipant's previously allotted capacity in the Pipeline downstream of the Carter Lake Outlet Works Modification as set forth on Schedule B. If not 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 any Entity eligible to use Pipeline capacity hereunder at the price at which it was offered to 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 perfOrming its duties under this paragraph shall be refunded to the Allottee. ii. If the SWSP Enterprtse is unable to sell the Lost Capacity within ninety (90) days after it Is offered for sale to any Entity eligible to use Pipeline capacity hereunder. the SWSP Enterprtse shall have the right to terminate delivertes to the Allottee. After such termination of delivery, the SWSP EnterpriSe shall continue to offer the Lost CapaCity for sale at' the prtce 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 Capacity to Allottee or any other eligible Entity. Unpaid operating and maintenance expenses shall be drawn from the reseIVe fund. The reseIVe 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 approprtate funds or pay those costs as provided in paragraph B.a. above. c. The Allottee's payment of annual administration. operation. maintenance. repair and replacement charges and costs of the Pipeline, pursuant to the preceding paragraphs 6.b.v.. 6.b.vi.. and B.b., does not in any way impair the vested nature of the allocation of capacity pursuant to this Contract and are not related to the value of that vested right. These obligations do not convert the Allottee's prepaid rtght of possession of Its allotted capacity in the Pipeline into any form of an executory lease or contract. 9. Comoletion Date. Attached hereto as Exhibit 2 is a time line for construction and completion of the Pipeline. The time line may be modified for good cause and to be consistent with any modifications to the November 12, 1991, contract between the District and the City of Broomfield. The SWSP Enterprtse shall complete construction of the Pipeline in accordance with the time line as modified, subject to force majeure events, any permissible delays under the November 12, 1991, contract between the District and the City of Broomfield. failure of the Participants to make required payments under this or similar contracts and so long as the delay is not as a direct or indirect result of SWSP Enterprise's negligence. delays beyond the SWSP Enterprtse's reasonable control caused by the construction process or the construction contractors. 1n addition. the completion date Is subject to change based upon mutual agreement of all of the Participants. as conditions and available information warrant. 12