Res14 15325 - Laserfiche WebLink

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Agency so obtaining such relinquished rights shall be entitled to obtain maximum capacity rights equal to the sum of its initial rights plus its acquired rights. With respect to the first increment of Stage 2, the respective capacity rights of the Agencies accrued upon construction thereof; provided, however, that each Agency reimbursed the Authority according to its respective allocated share of the costs of construction thereof based upon its respective proportionate ownership of capacity rights pursuant to Subdivision (b) of Section 5.6 prior to acquiring any further capacity rights. With regard to subsequent increments, no such rights shall accrue until advance full payment therefor has been made, and the corresponding increment has been constructed pursuant to Subdivision (b) of Section 5.6. In the event any one, or more than one, increment is not so constructed, all potential capacity rights pertaining thereto shall terminate, and any payments therefor shall be disposed of in accordance with said Subdivision (b) of Section 5.6. Wastewater system connection permits or other forms of entitlement to use treatment capacity within the limits of the maximum capacity rights allocated to each Agency shall conform to the financing requirements for each increment of Stage 2 of the Project as provided in Subdivision (b) of Section 5.6. Such permits or entitlements issued to wastewater system users shall not be transferable except between owners of the land for which they were issued; provided, however, that each Agency may require that such permits or entitlements and the capacity rights pertaining thereto shall expire for non-use within a specified term following the operative date of the increment to which they pertain and that upon such expiration all treatment capacity rights thereunder revert to the issuing agency. No treatment capacity rights for any Substage of Stage 2 of the Project shall revert, or be relinquished to, or be acquired by, the Authority; provided, however, that inter-Agency transfers may be made subject to Commission approval as hereinabove and in Section 7.3 provided. (e) Limitations Exceeded. If the Authority shall notify any Agency in writing at any time that such Agency's use of the Joint Facilities has exceeded its maximum capacity rights, such Agency shall immediately take steps to reduce its use of the Joint Facilities so as to be within its maximum capacity rights. If any such Agency is unable to do so, it may, with written approval of the Authority (i) 9 SBSA_JPASuppVl_052212r 120412rtorsig]