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<br />following any lease, sublease, assignment, pledge or other hypothecation, the lessee, sublessee, assignee, <br />pledgee, etcetera, as applicable, shall deliver to the SWSP Enterprise 1 written notice and acknowledgement in <br />the form of Exhibit 3 attached bereto. This Contract is made for the lxclusive benefit of the Allottee and <br />shall not inure to the benefit of any successors or assigns of said Allottee except pursuant to the terms of <br />this Contract. <br /> <br />13. Permitted Assianments. Allottee shall have the right to temporarily assign all or a portion of <br />its capacity allotment to another Participant, or to another participant in other pipelines constructed and <br />operated by the SWSP Enterprise as part of the Southern .ater Supply Project, within the physical capabilities <br />of the Pipeline and the conditions set forth on Schedule.l.. The SwSP Entlrprise shall not be required to <br />recognize such an assignment until it has received reasonable notice thereof from the Allottee. <br /> <br />14. Remedies. <br /> <br />a. Should the Allottee or the SWSP Enterprise suffer injury or damage to person or property <br />because of any error, omission or act of the other party or of any of the other party's <br />employees or agents or others for whose acts the other party is legally liable, claims will <br />be made in writing to the other party within a reasonable time of the first observance of such <br />injury or damage. The provisions of this subparagraph shall not be construed as a substitute <br />for or waiver of the provisions of any applicable statute of limitations or repose or any other <br />rights hereunder. <br /> <br />b. The duties and obligations imposed by this Contract and the rights and remedies available <br />hereunder to the parties hereto are in addition to, and are not to be construed in any way as <br />a limitation of, any rights and remedies available to them which are otherwise imposed by law <br />or regulation, and the provisions of this paragrapb ,ill be as effective as if repeated <br />specifically in the Contract in connection with each particular duty, obligation, right, and <br />remedy to which they apply. All representations and commitments made in the Contract will <br />survive final payment and termination or completion of the Contract. <br /> <br />15. Host Favored Partv. The terms and provisions of the .!.llotnent Contracts for each of the <br />Participants .ill be substantially similar and in no event will SwSP Enterprise offer an Allotment Contract to <br />another Participant with more favorable provisions, based on all of the terms and conditions of the Agreement <br />as a whole, without first offering to Allottee the opportunity to aoend its Allotment Contract to contain such <br />favorable provisions. <br /> <br />16. Leoal and Practical Ahilitv to Perform. SwSP Enterprise and Allottee, respectively, .arrant <br />and represent as follows; <br /> <br />a. The SWSP Enterprise hereby warrants and represents to Allottee that SWSP Enterprise is validly <br />organized and has the power and authority to enter into this Contract and to allot to Allottee <br />the rights described herein. SWSP Enterprise agrees that any assignment of its rights and <br />responsibilities hereunder shall be void and unenforceabll without the prior .ritten approval <br />of the Allottee except as set forth in paragraph l7 belo.. <br /> <br />b. Allottee hereby warrants and represents to SwSP Entlrprise that Allottee is validly organized <br />and has the power and authority to enter into this Contract and to accept the allotment <br />described herein. <br /> <br />12 <br />