Contract Quantity. (a) If Participant is required to connect to the Project under Section 4.05 hereof, then Participant shall take Water at the Point of Delivery in accordance with the requirements of this Contract and when directed by written notice from the GRP Administrator, but, unless Participant consents otherwise, not before September 1, 2014. The GRP Administrator shall determine and notify Participant in writing as to the maximum amount of Water that Participant willcan receive from the Project, and the minimum amount of Water that Participant must take from the Project, on a daily, hourly, peak or instantaneous basis (said minimum amount being referred to herein as the "Contract Quantity", as same may be amended from time to time), based on the capacity of the Project and the requirements of the GRP; provided, however, that Participant shall not be required to take Water from the Project at any Participant System Site(s) in excess of an amount equal to ninety percent (90%) of the average daily amount of watergroundwater (except for any brackish groundwater produced pursuant to Section 6.04(j) hereof) supplied from any such site(s) during the low-demand period for the calendar year preceding the date of calculation of the Contract Quantity. For such purposes, the "low-demand period" shall be the period of three (3) consecutive calendar months in the two preceding calendar yearyears during which the least amount of water was supplied from such site(s) under normal operating conditions. (b) The Contract Quantity may be increased by the GRP Administrator from time to time, subject to the foregoing parameters, but the Contract Quantity shall not be reduced by the GRP Administrator without the written consent of Participant. Participant shall be responsible for making any adjustments to the facilities or operational procedures in respect of Participant's System that may be necessary such that Participant is capable of taking the Contract Quantity at all times, other than duringIn connection with the increase of the Contract Quantity, the GRP Administrator may reasonably determine that additional On-Site Facilities must be designed, permitted and constructed by Participant, including additional storage capacity to receive the increased Contract Quantity. The GRP Administrator shall provide the Participant with a reasonable amount of time to design, permit and construct any such additional On-Site Facilities. The provisions of Sections 4.07 and 4.08 hereof shall generally apply to such additional On-Site Facilities. Participant may submit a written request to the GRP Administrator for an increase in the Contract Quantity. The Authority may approve or deny any such request, in whole or in part, or upon terms and conditions it reasonably deems favorable and appropriate and consistent with the purposes of the GRP and the obligations of the Authority to all Participants. (c) If Participant connects to the Project, then Participant is not guaranteed hereunder any specific quantity of Water due to a force majeure event (as defined in Section 10.01(b) hereof) or during planned maintenance for which Participant has provided the GRP Administrator notice of same at least 48 hours (but not less than 2whenever the Project's or the Authority's supply is interrupted, limited or insufficient, or when the Project's or the Authority's equipment may become inoperative due to mechanical failure, breakage, failure of power supply, or scheduled maintenance and repairs, nor is Participant guaranteed that Water will be supplied at a specified pressure under any circumstances. The Authority shall provide Participant notice of such scheduled maintenance and repairs at least ten (10) full business days) in advance and which notice must specify the anticipated duration of such maintenance and repairs. (d) The Authority shall be authorized to adopt and enforce penalties under the Rate Order, or under separate written order, for Participant's failure to so take the Contract Quantity.
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Contract Quantity. (a) If Participant is required to connect to the Project under Section 4.05 hereof, then Participant shall take Water at the Point of Delivery in accordance with the requirements of this Contract and when directed by written notice from the GRP Administrator, but, unless Participant consents otherwise, not before September 1, 2014. The GRP Administrator shall determine and notify Participant in writing as to the maximum amount of Water that Participant willcan can receive from the Project, and the minimum amount of Water that Participant must take from the Project, on a daily, hourly, peak or instantaneous basis (said minimum amount being referred to herein as the "Contract Quantity", as same may be amended from time to time), based on the capacity of the Project and the requirements of the GRP; provided, however, that Participant shall not be required to take Water from the Project at any Participant System Site(s) Site in excess of an amount equal to ninety percent (90%) of the average daily amount of watergroundwater groundwater (except for any brackish groundwater produced pursuant to Section 6.04(j) hereof) supplied from any such site(s) site during the low-demand period for the calendar year preceding the date of calculation of the Contract Quantity. For such purposes, the "low-demand period" shall be the period of three (3) consecutive calendar months in the two preceding calendar yearyears years during which the least amount of water was supplied from such site(s) site under normal operating conditions.
(b) The Contract Quantity may be increased by the GRP Administrator from time to time, subject to the foregoing parameters, but the Contract Quantity shall not be reduced by the GRP Administrator without the written consent of Participant. Participant shall be responsible for making any adjustments to the facilities or operational procedures in respect of Participant's System that may be necessary such that Participant is capable of taking the Contract Quantity at all times, other than duringIn In connection with the increase of the Contract Quantity, the GRP Administrator may reasonably determine that additional On-Site Facilities must be designed, permitted and constructed by Participant, including additional storage capacity to receive the increased Contract Quantity. The GRP Administrator shall provide the Participant with a reasonable amount of time to design, permit and construct any such additional On-Site Facilities. The provisions of Sections 4.07 and 4.08 hereof shall generally apply to such additional On-Site Facilities. Participant may submit a written request to the GRP Administrator for an increase in the Contract Quantity. The Authority may approve or deny any such request, in whole or in part, or upon terms and conditions it reasonably deems favorable and appropriate and consistent with the purposes of the GRP and the obligations of the Authority to all Participants.
(c) If Participant connects to the Project, then Participant is not guaranteed hereunder any specific quantity of Water due to a force majeure event (as defined in Section 10.01(b) hereof) or during planned maintenance for which Participant has provided the GRP Administrator notice of same at least 48 hours (but not less than 2whenever whenever the Project's or the Authority's supply is interrupted, limited or insufficient, or when the Project's or the Authority's equipment may become inoperative due to mechanical failure, breakage, failure of power supply, or scheduled maintenance and repairs, nor is Participant guaranteed that Water will be supplied at a specified pressure under any circumstances. The Authority shall provide Participant notice of such scheduled maintenance and repairs at least ten (10) full business days) days in advance and which notice must specify the anticipated duration of such maintenance and repairs.
(d) The Authority shall be authorized to adopt and enforce penalties under the Rate Order, or under separate written order, for Participant's failure to so take the Contract Quantity.
(e) It is the intent of the Parties that the Contract Quantity shall be taken in quantities and/or at rates of flow specified by the GRP Administrator pursuant to this Section 4.09 and that, as between the Parties, the Participant shall be solely responsible for meeting any and all water demands in excess of such amounts and/or rates of flow with conservation, storage, groundwater supplies, or other sources of supply, and, subject to any other terms and conditions set forth in this Contract, Participant is hereby authorized and permitted to take such actions as may be necessary or convenient to discharge such responsibilities. Participant, and not Authority, has the right and responsibility to finance, design, construct, operate, and maintain some or all of its Xxxxx such that Participant may adequately supply water for its purposes, over and above the Contract Quantity or when the Authority is not obligated to provide the Contract Quantity to Participant under the terms of this Contract; provided, however, Participant, and not Authority, shall be responsible to determine when, if ever, to take one or more of its Xxxxx out of operation.
(f) THIS CONTRACT IS INTENDED ONLY TO ENSURE PARTICIPANT'S COMPLIANCE WITH THE PLAN, AND UNLESS AND UNTIL PARTICIPANT CONNECTS TO THE PROJECT UNDER SECTION 4.04 OR 4.05 HEREOF, THIS CONTRACT SHALL NOT BE DEEMED OR CONSTRUED AS A GUARANTEE OR ASSURANCE TO PARTICIPANT OF A SPECIFIC QUANTITY OF WATER FROM THE AUTHORITY, THE PROJECT, OR ANY OTHER SOURCE, EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED HEREIN. THE AUTHORITY, ACCORDING TO ITS REASONABLE DETERMINATION UNDER THIS CONTRACT, SHALL DECIDE THE DATE, IF EVER, UPON WHICH THE AUTHORITY SHALL COMMENCE SUPPLY OF WATER TO PARTICIPANT FOR THE PURPOSE OF IMPLEMENTING THE GRP.
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Contract Quantity. (a) If Participant is required to connect to the Project under Section 4.05 hereof, then Participant shall take Water at the Point of Delivery in accordance with the requirements of this Contract and when directed by written notice from the GRP Administrator, but, unless Participant consents otherwise, not before September 1, 2014. The GRP Administrator shall determine and notify Participant in writing as to the maximum amount of Water that Participant willcan can receive from the Project, and the minimum amount of Water that Participant must take from the Project, on a daily, hourly, peak or instantaneous basis (said minimum amount being referred to herein as the "Contract Quantity", as same may be amended from time to time), based on the capacity of the Project and the requirements of the GRP; provided, however, that Participant shall not be required to take Water from the Project at any Participant System Site(s) Site in excess of an amount equal to ninety percent (90%) of the average daily amount of watergroundwater groundwater (except for any brackish groundwater produced pursuant to Section 6.04(j) hereof) supplied from any such site(s) site during the low-demand period for the calendar year preceding the date of calculation of the Contract Quantity. For such purposes, the "low-demand period" shall be the period of three (3) consecutive calendar months in the two preceding calendar yearyears years during which the least amount of water was supplied from such site(s) site under normal operating conditions.
(b) The Contract Quantity may be increased by the GRP Administrator from time to time, subject to the foregoing parameters, but the Contract Quantity shall not be reduced by the GRP Administrator without the written consent of Participant. Participant shall be responsible for making any adjustments to the facilities or operational procedures in respect of Participant's System that may be necessary such that Participant is capable of taking the Contract Quantity at all times, other than duringIn In connection with the increase of the Contract Quantity, the GRP Administrator may reasonably determine that additional On-Site Facilities must be designed, permitted and constructed by Participant, including additional storage capacity to receive the increased Contract Quantity. The GRP Administrator shall provide the Participant with a reasonable amount of time to design, permit and construct any such additional On-Site Facilities. The provisions of Sections 4.07 and 4.08 hereof shall generally apply to such additional On-Site Facilities. Participant may submit a written request to the GRP Administrator for an increase in the Contract Quantity. The Authority may approve or deny any such request, in whole or in part, or upon terms and conditions it reasonably deems favorable and appropriate and consistent with the purposes of the GRP and the obligations of the Authority to all Participants.
(c) If Participant connects to the Project, then Participant is not guaranteed hereunder any specific quantity of Water due to a force majeure event (as defined in Section 10.01(b) hereof) or during planned maintenance for which Participant has provided the GRP Administrator notice of same at least 48 hours (but not less than 2whenever when the Project's or the Authority's supply is interrupted, limited or insufficient, or when the Project's or the Authority's equipment may become inoperative due to mechanical failure, breakage, failure of power supply, or scheduled maintenance and repairs, nor is Participant guaranteed that Water will be supplied at a specified pressure under any circumstances. The Authority shall provide Participant notice of such scheduled maintenance and repairs at least ten (10) full business days) days in advance and advance, which notice must specify the anticipated duration of such maintenance and repairs.
(d) The Authority shall be authorized to adopt and enforce penalties under the Rate Order, or under separate written order, for Participant's failure to so take the Contract Quantity.
(e) It is the intent of the Parties that the Contract Quantity shall be taken in quantities and/or at rates of flow specified by the GRP Administrator pursuant to this Section 4.09 and that, as between the Parties, the Participant shall be solely responsible for meeting any and all water demands in excess of such amounts and/or rates of flow with conservation, storage, groundwater supplies, or other sources of supply, and, subject to any other terms and conditions set forth in this Contract, Participant is hereby authorized and permitted to take such actions as may be necessary or convenient to discharge such responsibilities. Participant, and not Authority, has the right and responsibility to finance, design, construct, operate, and maintain some or all of its Xxxxx such that Participant may adequately supply water for its purposes, over and above the Contract Quantity or when the Authority is not obligated to provide the Contract Quantity to Participant under the terms of this Contract. Further, Participant, and not Authority, shall be responsible to determine when, if ever, to take one or more of its Xxxxx out of operation.
(f) THIS CONTRACT IS INTENDED ONLY TO ENSURE PARTICIPANT'S COMPLIANCE WITH THE PLAN, AND UNLESS AND UNTIL PARTICIPANT CONNECTS TO THE PROJECT UNDER SECTION 4.04 OR 4.05 HEREOF, THIS CONTRACT SHALL NOT BE DEEMED OR CONSTRUED AS A GUARANTEE OR ASSURANCE TO PARTICIPANT OF A SPECIFIC QUANTITY OF WATER FROM THE AUTHORITY, THE PROJECT, OR ANY OTHER SOURCE, EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED HEREIN. THE AUTHORITY, ACCORDING TO ITS REASONABLE DETERMINATION UNDER THIS CONTRACT, SHALL DECIDE THE DATE, IF EVER, UPON WHICH THE AUTHORITY SHALL COMMENCE SUPPLY OF WATER TO PARTICIPANT FOR THE PURPOSE OF IMPLEMENTING THE GRP.
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Contract Quantity. (a) If Participant is required to connect to the Project under Section 4.05 hereof, then Participant shall take Water at the Point of Delivery in accordance with the requirements of this Contract and when directed by written notice from the GRP Administrator, but, unless Participant consents otherwise, not before September 1, 2014. The GRP Administrator shall determine and notify Participant in writing as to the maximum amount of Water that Participant willcan will receive from the Project, and the minimum amount of Water that Participant must take from the Project, on a daily, hourly, peak or instantaneous basis (said minimum amount being referred to herein as the "Contract Quantity", as same may be amended from time to time), based on the capacity of the Project and the requirements of the GRP; provided, however, that Participant shall not be required to take Water from the Project at any Participant System Site(s) in excess of an amount equal to ninety percent (90%) of the average daily amount of watergroundwater (except for any brackish groundwater produced pursuant to Section 6.04(j) hereof) water supplied from any such site(s) during the low-demand period for the calendar year preceding the date of calculation of the Contract Quantity. For such purposes, the "low-demand period" period shall be the period of three (3) consecutive calendar months in the two preceding calendar yearyears year during which the least amount of water was supplied from such site(s) under normal operating conditions.
(b) . The Contract Quantity may be increased by the GRP Administrator from time to time, subject to the foregoing parameters, but the Contract Quantity shall not be reduced by the GRP Administrator without the written consent of Participant. If Participant shall be responsible for making any adjustments adjustmentsconnects to the facilities or operational procedures in respect of Participant's System that may be necessary such that thatProject, then Participant is capable not guaranteed hereunder any specific quantity of Water due to an event of taking the Contract Quantity at all times, other than duringIn connection with the increase of the Contract Quantity, the GRP Administrator may reasonably determine that additional On-Site Facilities must be designed, permitted and constructed by Participant, including additional storage capacity to receive the increased Contract Quantity. The GRP Administrator shall provide the Participant with a reasonable amount of time to design, permit and construct any such additional On-Site Facilities. The provisions of Sections 4.07 and 4.08 hereof shall generally apply to such additional On-Site Facilities. Participant may submit a written request to the GRP Administrator for an increase in the Contract Quantity. The Authority may approve or deny any such request, in whole or in part, or upon terms and conditions it reasonably deems favorable and appropriate and consistent with the purposes of the GRP and the obligations of the Authority to all Participants.
(c) If Participant connects to the Project, then Participant is not guaranteed hereunder any specific quantity of Water due to during a force majeure event (as defined in Section 10.01(b) hereof) or during planned maintenance for which Participant has provided the GRP Administrator notice of same at least 48 hours (but not less than 2whenever hereof)whenever the Project's or the Authority's water supply is interrupted, limited or insufficientduring plannedinsufficient, or when the Project's or the Authority's equipment may become inoperative due to mechanical failure, breakage, failure of power supply, or scheduled maintenance and for whichand repairs, nor is Participant guaranteed has provided the GRP Administratorguaranteed that Water will be supplied at a specified pressure under any circumstances. The Authority shall provide Participant notice of such samesuch scheduled maintenance and repairs at least ten 48 hours (but not less than 2ten (10) full business days) in advance and which notice must specify the anticipated duration of such maintenance maintenance. and repairs.
(d) . The Authority shall be authorized to adopt and enforce penalties under the Rate Order, or under separate written order, for Participant's failure to so take the Contract Quantity.
(b) It is the intent of the Parties that the Contract Quantity shall be taken in quantities and/or at rates of flow specified by the GRP Administrator pursuant to this Section 4.09 and that, as between the Parties, the Participant shall be solely responsible for meeting any and all water demands in excess of such amounts and/or rates of flow with conservation, storage, groundwater supplies, or other sources of supply. Participant shall, and not Authority, has the right and responsibility to finance, design, construct, operate, and maintain some or all of its Xxxxx and shall maintain operational responsibility therefor such that Participant may adequately supply water for its purposes, over and above the Contract Quantity or when the Authority is unable or not obligated to provide the Contract Quantity to Participant. under the terms of this Contract; provided, however, Participant, and not Authority, shall be responsible to determine when, if ever, to take one or more of its Xxxxx out of operation.
(c) THE AUTHORITY MAY REASONABLY DETERMINE, IN ITS SOLE DISCRETION, THE DATE, IF EVER, UPON WHICH THE AUTHORITY SHALL SUPPLYCOMMENCE SUPPLYING WATER TO PARTICIPANT FOR THE PURPOSE OF COMPLIANCE WITH THE PLAN AND THE GRP.
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