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<br />,: , <br />;-~ .. 1 <br />" " <br /> <br />totally performed all obligations requisite to the allocation of capacity by the SWSP <br />Enterprise. It is the parties' intent and belief that the prepaid vested right to capacity <br />in the Pipeline is neither an executory contract nor an unexpired lease and the parties intend <br />that the Allottee's right to capacity is not a species of property that is subject to the <br />assumption - rejection provisions of 11 U.S.C. \ 365 in the case of an eventual bankruptcy by <br />the SWSP Enterprise, the District or any of its successors or assigns. <br /> <br />f. It is possible in the future that the capacity of the Pipeline may be increased by the <br />application of new technologies, which capacity would be above that originally constructed and <br />allocated on Schedule B. All existing Participants at the time of expansion shall have a right <br />of first refusal to participate in the construction of the increased capacity. It is the <br />intention of SWSP Enterprise and the Allottee that all future participants in the project to <br />increase capacity of the Pipeline shall pay for their share of the cost of the Pipeline <br />adjusted through the date of the calculation as set forth below. Therefore, the cost of the <br />construction of the increased capacity shall be added to the original cost for construction <br />of the Pipeline, including, General Pipeline Costs, Individual Segment Specific Costs and Non- <br />Segment Specific Costs, plus 9 percent (9%) interest, from the date the funds were expended <br />by the Initial Participants through the date of completion of construction of the increased <br />capacity. The total costs for each Segment as such Segments are defined on Schedule B, shall <br />be allocated between and among the Participants in the original Pipeline and the participants <br />in the increased capacity project. Participants in the increased capacity project shall make <br />reimbursement to each of the original Pipeline Participants of the amounts necessary to adjust <br />the contrihutions of the original Pipeline Participants and the increased capacity Participants <br />based upon the new allocation by Segment so that all participants will have paid the same <br />amount per unit of capacity per Segment. <br /> <br />g. The right of first refusal set forth above shall require SWSP Enterprise to offer to each of <br />the Participants the opportunity to participate in the construction of the increased capacity <br />on terms and conditions Substantially similar to all others requesting to participate in such <br />project. Allottee shall have sixty (60) days from the receipt of the final terms and <br />conditions of the participation to respond in writing with regard to its desire to participate. <br />Allottee's right of first refusal shall terminate only as to those contracts for increased <br />capacity which are completed upon terms substantially siuilar to those offered to Allottee and <br />to which Allottee did not respond with its desire to participate within the sixty-day period. <br />Unless previously terminated pursuant to this paragraph, Allottee's right of first refusal <br />shall terminate on the last day of the 90th year after execution of this Contract. <br /> <br />3. Use of Caoacitv and Water. <br /> <br />a. Pipeline capacity allotted herein shall be used only for the transmission of: (i) District <br />water or Subdistrict water from the Carter Lake to Broomfield Pipeline; (ii) non-District water <br />or non-Subdistrict water used by direct diversion, by exchange or otherwise, only within the <br />boundaries of the District or the Subdistrict or any other property eligible for inclusion <br />within the District or Subdistrict upon the inclusioo thereof; (iii) any other water <br />deliverable from the Fort Lupton/Hudson Pipeline with the specific approval of the Board and <br />the approval of the Secretary of the Interior of the United States of America or his designee <br />(if Secretarial approval is reguired by law or contract); or (ivl any other water with the <br />specific approval of the Board; all for the use of Allottee, its water customers, or other <br />Entities permitted hereunder. All water introduced into the Pipeline from sources other than <br />the Carter Lake to Broomfield Pipeline shall be of a quality at least equal to that in the <br />Carter Lake to Broomfield Pipeline at the time of the introduction of said .ater. <br /> <br />j <br />