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Water Rewval Project, City shall be allocated sixty percot'? (60%) and <br /> District shall be allocated forty percent (40%) of the Disposal Capacity <br /> Rights and, if any, the Recycled Water Rights and Recycling credits (and <br /> corresponding Disposal Capacity Rights) accruing from said Project. If <br /> District's Clean Water Revival Project is operated as a Recycling project as <br />_ provided in Paragraph 4(d), below, District shall have a "first right of refusal" <br /> to acquire all or any portion of Recycled Water Rights which City may <br /> propose to convey, lease. assign, license, permit or otherwise transfer <br /> (collectively, "transfer") outside of City's service area to a third party or <br /> parties for the right to use the recycled water corresponding to such Rights. <br /> Accordingly, City shall notify District in writing of its intention to transfer any <br /> such Recycled Water Rights not less than sixty (60) days prior to the <br /> proposed date of such transfer and District shall have the right and option <br /> within said sixty (60) day period to acquire all or any portion of said Recycled <br /> Water Rights on the same terms and conditions offered to the third party or <br /> at District's actual cost to process City's effluent, whichever is less. <br /> (iv) In the case of (iii), above, and after expiration of the time by which <br /> City must determine to participate in the expansion component of LAVWMA's <br /> Expansion Project, City may, subject to agreement of District, which <br /> agreement shall not unreasonably be withheld, acquire additional Disposal <br /> Capacity Rights and, if any, additional Recycled Water Rights and Recycling <br /> credits (and corresponding Disposal Capacity Rights) accruing from <br /> Districrs Clean Water Revival Project, whereupon, the parties shall meet <br /> and confer regarding the terms and conditions thereof. <br /> (v) In any instance where City initially may have determined not to <br /> participate in District's Clean Water Revival Project, City nevertheless may <br /> at any time prior to November 30, 2005, subsequently propose to participate <br /> in said Project, subject to agreement of District, which agreement shall not <br /> unreasonably be withheld, whereupon the parties shall meet and confer <br /> regarding the terms and conditions thereof. After November 30, 2005, <br /> acquisition by City of Disposal Rights, and, if any, Recycled Water Rights <br /> and Recycling credits (and corresponding Disposal Capacity Rights) shall <br /> <br /> Agmt-10b <br /> 8'27/97 <br /> <br /> <br />