Common use of Capacity not available Clause in Contracts

Capacity not available. If the CDD notifies Xxxxx that Wastewater Service Capacity in the amount specified in the Capacity Request Notice is not currently available: (i) Xxxxx may amend its request (A) to specify a capacity amount that is in increments not less than 435,000 GPD, or a multiple thereof, without the express written consent of the CDD, (B) to specify a proposed capacity delivery date that is not less than 24 full calendar months after the date of delivery of such notice, and (C) to estimate the anticipated increase in the maximum wastewater flow rate in GPM. (ii) Upon receipt of the amended Capacity Request Notice, the CDD shall have 120 days to verify in writing whether a plant expansion to accommodate the requested increase in treatment capacity, the proposed delivery date, and the maximum wastewater flow rate are technically and economically feasible, including determining whether any adjustment to the CDD’s then-prevailing capacity rate per ERU is adequate to cover all design and construction costs of the proposed expansion. The written verification from the CDD to Xxxxx shall advise whether the requested increase in treatment capacity is technically and economically feasible, and if feasible, shall further advise the estimated date by which the requested capacity should be available and the total capacity payment that will be due for the expansion. (iii) If the CDD’s verification advises that the requested increase in treatment capacity is technically and economically feasible, Xxxxx shall have 60 days to confirm its request by tendering the capacity payment to the CDD. Upon receipt of the capacity payment in the amount specified in the CDD’s verification to Xxxxx, the CDD shall commence design and construction of an amount of Wastewater Service Capacity, in MGD, as also specified in such verification.

Capacity not available. If the CDD notifies Xxxxx that Wastewater Service Capacity in the amount specified in the Capacity Request Notice is not currently available: (i) Xxxxx may shall amend its request (A) to specify a capacity amount that is in increments not less than 435,000 GPD, or a multiple thereof, GPD without the express written consent of the CDD, (B) to specify a proposed capacity delivery date that is not less than 24 full calendar months after the date of delivery of such notice, and (C) to estimate the anticipated increase in the maximum wastewater flow rate in GPM. (ii) Upon receipt of the amended Capacity Request Notice, the CDD shall have 120 one-hundred twenty (120)120 days to verify in writing whether a plant expansion to accommodate the requested increase in treatment capacity, the proposed delivery date, and the maximum wastewater flow rate are technically and economically feasible, including determining whether any adjustment to the CDD’s then-prevailing capacity rate per ERU is adequate to cover all design and construction costs of the proposed expansion. The written verification from the CDD to Xxxxx shall advise whether the requested increase in treatment capacity is technically and economically feasible, and if feasible, shall further advise the estimated date by which the requested capacity should be available and the total capacity payment that will be due for the expansion. (iii) If the CDD’s verification advises that the requested increase in treatment capacity is technically and economically feasible, Xxxxx shall have 60 sixty (60)60 days to confirm its request by tendering the capacity payment to the CDD. Upon receipt of the capacity payment in the amount specified in the CDD’s verification to Xxxxx, the CDD shall commence design and construction of an amount of Wastewater Service Capacity, in MGD, as also specified in such verification.