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-22- <br />responsible to make up any shortfall resulting from nonpayment of obligations hereunder by Livermore. Section 5.02. Eminent Domain. If the whole of the Enterprise shall be taken under the power of eminent domain, the term of this Contract shall end as of the day possession of the Enterprise shall be so taken. If less than the whole of the Enterprise shall be taken under the power of eminent domain, this Contract shall continue in full force and effect and shall not be terminated by virtue of such taking; the Members waive any rights to terminate this Contract by virtue of such taking and waive the benefit of any law to the contrary; and, if such taking causes a material interruption in the Sewer Service, payments for Sewer Service shall be abated during the period of such inability. The net proceeds realized by LAVWMA from any such taking shall be deposited and applied by LAVWMA in the manner provided in Section 5.06 of the Indenture. Section 5.03. Default in Payment. If default shall be made in the due and punctual payment of any amounts required to be paid under Sections 4.03 or 4.04, or if default shall be made by any Member in the observance of any of the covenants, agreements or conditions on its part in this Contract and such default shall have continued for a period of thirty (30) days after such Member shall have given notice in writing by LAVWMA of such default, such Member shall be deemed to be in default under this Contract and it shall be lawful for LAVWMA to exercise any and all remedies available pursuant to law or granted pursuant to this Contract. Upon any such default, LAVWMA, in addition to any other rights and remedies it may have at law, shall have the option, without terminating this Contract, to collect each payment for Sewer Service as such payment becomes due and to enforce any other term or provision of this Contract to be kept or performed by such Member. LAVWMA shall have the right to institute an action for damages sustained as a result of any such default and shall have the right by mandamus or other proceeding at law or in equity to enforce its rights against such Member and to compel such Member and any officers or employees thereof to perform and carry out their obligations and duties under this Contract. In the event of any such default, the trustee for the Bonds designated pursuant to Section 6.01 of the Indenture shall have the right to enforce for the benefit of the holders of the Bonds the rights of LAVWMA under this Contract, and, to that end, shall have the right to institute any action or other proceeding at law or in equity which the the trustee for the Bonds could institute under this Section. Section 5.04. Other Sewer Service Users. LAVWMA shall not sell or offer to sell Sewer Service to any user other than a Member: (a) without the written consent of all Members, (b) upon terms and conditions more favorable to the non-Member than those herein provided for the Members, or (c) if the provision of such Sewer Service would prevent it from meeting its obligations under this Contract to provide Sewer Service to the Members. Section 5.05. Disruptions in Pipeline Capacity. To the extent permitted by law and subject to any limitations resulting from a disruption in pipeline capacity, LAVWMA hereby covenants to accept the Wastewater of Members notwithstanding any such disruption in