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be made until District's WTP Stage 4 Expansion Project has <br /> become operational. <br /> <br /> A party requesting a transfer of Treatment Capacity Rights <br /> ("Requesting Party") shall submit to the other party ("Responding <br /> Party") a written request for a transfer of Capacity Rights not less <br /> than ninety (90) days prior to the commencement of the calendar <br /> year during which the transfer shall remain in effect. Said request <br /> shall include estimated projections of Treatment Capacity <br /> consumption of the Requesting Party for not less than five (5) <br /> successive years; provided, that if District is the Requesting Party, <br /> District shall also provide in its response the current wastewater <br /> flow amounts for City and District and a plan and schedule for <br /> acquiring or providing additional Treatment Capacity for use of the <br /> parties, <br /> <br /> Not less than thirty (30) days prior to commencement of the <br /> calendar year for which such transfer is to be effective, the <br /> Responding Party shall confirm to the Requesting Party the amount <br /> of Capacity Rights available for transfer, Treatment Capacity <br /> Rights transferred but not used in any given year shall revert to the <br /> Responding Party upon the expiration of such year. <br /> <br /> Such estimated projections of requirements for Treatment <br /> Capacity shall take into consideration past wastewater flows of the <br /> Requesting Party, projected growth rates thereof, and estimated <br /> time for acquisition or provision of additional Treatment Capacity, <br /> which latter estimate shall be provided by District. The provisions <br /> of this subparagraph (ii) shall expire and be of no further force and <br /> <br /> -7- <br />Agrnt-28 <br />Rsh~sh\DSRSD <br />DES:rg:O4119199;OSI21100R <br />AK v 2: 10/10/00R; DES 10/22/00 <br /> <br /> <br />