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be solely at the discretionary agreement of the parties. <br /> <br /> © Temporary Use of Funds. In those instances described in Paragraph <br />4(b), above, precluding the allocation or expenditure of the net revenues from the <br />uniform regional connection fee imposed pursuant to Paragraph 10(a) of the Basic <br />Agreement attributable to City's sewerage service area, District temporarily may <br />allocate or expend such amounts for Dist~ct's Clean Water Revival Project in <br />accordance with the provisions of Paragraph 6(c), below, pertaining to <br />management by District of such funds so as to avoid adverse financial impact upon <br />any treatment and/or disposal project proposed by City to which City assigns a <br />higher priority. In those instances described in said Paragraph 4(b) precluding the <br />allocation or expenditure of the net revenues from the uniform regional service fee <br />imposed pursuant to Paragraph 10(b) of the Basic Agreement attributable to City's <br />sewerage service area, District may nevertheless allocate or expend such amounts <br />for the operation of District's Clean Water Revival Project unless and until City <br />decides not to participate in said Project. <br /> <br /> (d) Recycling Project Limitations District's Clean Water Revival Project <br />is currently permitted to operate only as a disposal project. Therefore, all provisions <br />of Paragraph 4(b) which pertain to the allocation of Recycled Water Rights and <br />Recycling credits (and corresponding Disposal Capacity Rights) are expressly <br />subject to the issuance of permit(s) or other approval(s) for operation of District's <br />Clean Water Revival Project as a Recycling project by RWQCB and DOHS and <br />approval of such operation as a "project" in compliance with CEQA. <br /> <br /> (e) Environmental Considerations. The parties acknowledge that District has <br />prepared an engineer's report for submittal to DOHS regarding District's Clean <br />Water Revival Project which includes a detailed section summarizing the options <br />considered by District for the disposal of water and the injection or storage of <br />demineralized water to be produced by District's Clean Water Revival Project and <br />stating the reasons for selecting specific sites for the construction and operation of <br />wells for groundwater injection relating to the Project. District shall consult with, and <br />make presentations to, City's City Council or officers or employees of City, <br />designated by City, concerning the contents and conclusions of the engineer's <br />report regarding the well sites. <br /> <br /> Agmt-10b 10 <br /> 8/27/97 <br /> <br /> <br />