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Year, and the schedule and status of Districrs Treatment Plant Expansion Project. <br />Not less than thirty (30) days prior to the commencement of each Contract Year, <br />City shall advise District of the amount of Treatment Capacity Rights available for <br />transfer to District for that Contract Year. That determination by City may, but need <br />not, be made in conjunction with the annual planning review provided under <br />Paragraph 16 of the Basic Agreement. City shall take into consideration the <br />Wastewater flows of City of the preceding year, projected growth rates of City, and <br />the projected time of completion of District's Treatment Plant Expansion Project in <br />determining the Treatment Capacity Rights available for transfer. <br /> <br /> At such time as District desires the Treatment Capacity transferable to <br />District, District shall give written notice to City of the amount of such Capacity <br />Rights, expressed in mgd ADWF, desired by District, whereupon the transfer of said <br />Capacity shall be deemed to commence. District may commence such transfers <br />pursuant to one or more notices given in any Contract Year, provided that the <br />aggregate amount of Treatment Capacity so transferred in any such Contract Year <br />shall not exceed the amount determined by City to be available to District. Any <br />Treatment Capacity Rights requested by District but not used in any given Contract <br />Year shall, upon the expiration of such year, revert to City. <br /> <br /> (b) Consideration. In consideration of City's transfer of Treatment Capacity <br />Rights hereunder and until the expansion component of LAVWMA's Expansion <br />Project is in operation, District shall assume full responsibility for fines or sanctions <br />imposed by RWQCB which arise out of any wet weather overflows from District's <br />Treatment Plant corresponding to City's current Treatment Capacity Rights of 7.135 <br />mgd ADWF. <br /> <br /> © Transfer Term. Treatment Capacity Rights transferred by City to District <br />hereunder shall commence, with respect to the amounts specified in the notice or <br />notices given by District to City, upon the date of said notice and shall expire, for <br />all such transferred Capacity, upon the later of (I) commencement of operation of <br />Districrs Treatment Plant Expansion Project, or (ii) commencement of operation of <br /> <br />the expansion component of LAVWMA's Expansion Project. <br /> 4. District's Clean Water Revival Project. <br /> <br /> (a) Operation. Commencing upon the operation of District's Clean Water <br /> <br /> Agrnt-lOb 5 <br /> 8/27/97 <br /> <br /> <br />