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<br />or otherwise dispose of the non-grant eligible capacity rights <br /> <br />proposed to be sold in accordance with, and subject to, the <br /> <br />provisions of paragraph 3(c) including, specifically, the require- <br /> <br />ment for prior written consent of the City Council to such sale. <br /> <br />(e) <br /> <br />Actual Capacity Variant. <br /> <br />In the event that the actual <br /> <br />sanitary sewerage treatment capacity of Authority's treatment <br /> <br />plant, as determined after the Operative Date thereof, exceeds <br /> <br />its design capacity, the parties hereto agree to review the <br /> <br />requirements of County for additional non-grant eligible capacity <br /> <br />to serve the Emerald Lake Hills Area. <br /> <br />It is understood and agreed, <br /> <br />however, that should County require additional such capacity, <br /> <br />allocation and purchase thereof shall be subject to availability <br /> <br />thereof from Authority, to such terms and conditions as Authority <br /> <br />may impose, and as to which the parties hereto may agree pursuant <br /> <br />to separate agreement, or by amendment hereto. <br /> <br />4. <br /> <br />PURCHASE PRICE - CAPACITY RIGHTS. <br /> <br />(a) <br /> <br />Grant Eligible <br /> <br />Capacity Rights. <br /> <br />County shall pay to City, for the grant eligible <br /> <br />capacity rights <br /> <br />reserved to County hereu~der, an amount expressed <br /> <br />by the following formula: <br /> <br />Ag = 0.020204 RCg <br /> <br />where: <br /> <br />Ag <br /> <br />is the amount in dollars to be paid by County hereunder <br />for its grant eligible capacity rights. <br /> <br />RC is the amount in dollars which City is, or shall be <br />g obligated to pay Authority pursuant to the joint exercise <br />of powers agreement described in paragraph l(a) as City's <br />allocated share of the grant eligible capital costs of <br />Authority's Treatment ~lant. <br /> <br />(b) <br /> <br />Non-Grant Eligible Capacity Rights. <br /> <br />County shall pay to <br /> <br />City, for the non-grant eligible capacity rights granted to County <br /> <br />hereunder, an amount expressed by the following formula: <br /> <br />An = 0.083725 RCn <br /> <br />-10- <br />