DISCHARGE CAPACITY ASSURANCE Sample Clauses

DISCHARGE CAPACITY ASSURANCE. In the event that the Districts are unable to, in good faith and upon the submission and prosecution of a TPDES permit modification submittal that meets all legal requirements and restrictions, secure the TPDES permit modification referenced in Section 2(a) above, in whole or in part, City and GBRA hereby acknowledge and agree that City and GBRA will take all necessary actions, at their sole cost and expense, including without limitation relocating all or a portion of City’s, GBRA’s or the Districts’ discharge facilities to another receiving waterbody or a different segment of the same waterbody (the “Necessary Actions”), if necessary to secure a substitute TPDES permit allowing for the Districts’ (or successor in interest) discharge of up to 2.3 MGD total, with the understanding that the City and GBRA acknowledge and agree that the Districts have the first right to discharge 2.3 MGD into the Waterway. If the Districts’ permit(s) to discharge 2.3 MGD is not issued or is reduced after issuance, then the City and GBRA shall request the City’s TPDES permit be modified and reduced until such time that the Districts’ TPDES permit for 2.3 MGD has been issued. City and GBRA shall pursue said actions in good faith and with all possible haste acknowledging that time is of the essence to the Districts in said permit authorization. In the event that the Districts’ TPDES permit modification is not obtained within two (2) years of the Effective Date of this Agreement as a result of the City’s and/or GBRA’s increased TPDES discharge authorization, the scope of the Discharge Easement shall be limited to one (1) MGD average discharge (and corresponding percentage of peak flow discharge) at the Property’s outfall location until such time as the Districts’ TPDES permit modification is obtained, at which time the Discharge Easement’s scope shall revert to the originally contemplated scope provided in Section 2(a)(i) above.
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