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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />b. The dutJes and obUgatJor.s ,rr.posed by Le,S Contract and the rights a..-:d <br />remedies ava.1lable hereunder to the panees Clereto are :n addltJon to. and are <br />not to be construed en any way as a limJtatJon of. any rights and rer::edies <br />available to ther.l whIch are other"..se imposed by law or regulatien. a.-:d the <br />prO\1sions of L'11s paragraph ''''lll be as effectlve as 1f repeated speclf;cally In t..~.e <br />Cor-tract 111 connect..:on \1.'1th each pa.rt.1cular duty. 0bligauon. r.g!'H. and rer:1e~y <br />tJ .)"~llch ::.ey apply. ..lJI representatJons and cornITlltments made ,n Lee <br />C:;:~act I'.lll survive Hna! pay1T.ent and temunation or ccmpleuon of t..'1e <br />Centract. <br /> <br />15. '.rost Favored PartY. The terms and pro\1siens of the Allotment Ccntracts :cr <br />each of the PartJc1pants 'J.111 be substantJally similar and 1Il no event 'J.1ll SWSP Er:terpr.se::":er <br />a..'1 ..lJloonent Contract to another PartiCipant with more favorable proviSIOns. based en ail cf <br />the terms and conditJons of the Agreement as a whole. WlthOUt l1rst offering to Allettee the <br />epponuDlty to amend its ..lJloonent Contract to contain such favorable proV\sions. <br /> <br />16. LeI1a! and Practical Ability to Perform. SWSP Enterpnse and Allottee. <br />respectively, warrant and represent as follows: <br /> <br />a. The SWSP Enterprtse hereby warrants and represents to Allottee ::.at SWSP <br />Enterpnse is validly organiZed and has the power and authonty to enter lIlto <br />this Contract and to allot to Allottee the nghts descnbed hereln. SWSP <br />Enterpnse agrees that any asSignment of its rights and responsIbIlities <br />hereunder shall be void and unenforceable \lI1thout the pnor wntten approval of <br />the Allottee except as set forth In paragraph 17 below. <br /> <br />b. Allottee hereby warrants and represents to SWSP Enterpnse that Allottee is <br />validly organiZed and has the power and authonty to enter into this Contract <br />and to accept the allotment descnbed hereln. <br /> <br />11. Completion of Pr01ect. After deposit of Allottee's Construction Costs. SWSP <br />Enterpnse shall complete the construction of the P1pel1ne as expeditiously as possible. If <br />additional funding for change orde~ Is not provided. SWSP Enterprtse shall l1rst prOV1de all <br />PartiCipants the opportUnity. but not the obligation. to assume anyone PanJclpant's Contract. <br />or unfunded portion thereof. If funding IS then insufficient to complete the P1pel1ne. SWSP <br />Enterprtse shall redefine the P1peline project and revise the plans and spec1flcations so that <br />water is del1verable through the P1peline to those Partlclpants prOV1d1ng funcilng to the extent <br />pOSSible. In the event that the SWSP Enterpnse is unable to complete construction of the <br />Pipeline. it shall. nevertheless. complete the Carter Lake Outlet Works Modification. subject to <br />funds being avallable. and. upon request. conveyor assign to the Participants on the same <br />percentage as funds were contr1buted all of Its right. title and Interest in all of the assets <br />(lIlc1ucilng cash) which it holds or owns for the P1peline. lIlclud1ng a tight to receive del1very of <br />water through the Carter Lake Outlet Works Modification. and shall assign all agreements. <br />permits and other slm.1lar Items which are assignable that It has obtained for the ProJect. All <br />such conveyances and assignments shall be subject to the terms and cDnditions of the asset. <br />agreement. permit or other Item conveyed or aSSigned. After completion of said conveyances <br />and assignments. the SWSP Enterpnse shall have no further obligation or liability to the <br />PartiCipants to complete construction of the Pipeline or prOV1de del1very of water under this <br />Contract. <br /> <br />14 <br />