Excess Vernon Municipal Fees Sample Clauses

Excess Vernon Municipal Fees. To the extent the Vernon Municipal Fees in the Vernon Municipal Fee Account are greater than the amount of the Sewer Agreement Obligations for any particular calendar year, such excess payments shall be held in the Vernon Municipal Fee Account, and paid and applied to Sewer Agreement Obligations due in the following year(s) in accordance with the timeline set forth in paragraph 2(v) above. Furthermore, in the event the amount held in the Vernon Municipal Fee Account exceeds an amount equal to twice the Sewer Agreement Obligations of the preceding year (the “Reserve Cap”), Mountain Creek (or any successor thereof) shall be entitled to utilize any such excess amount in its sole discretion and such excess for that year only shall not constitute trust funds held for the benefit of the Vernon Parties. For example, if at the end of 2020, (a) the amount of $2,064,611 (more than twice the projected Sewer Agreement Obligations for 2019) is in the Vernon Municipal Fee Account, and (b) Mountain Creek paid the full amount of the Sewer Agreement Obligations owed for 2020, then Mountain Creek (or any successor thereof) shall be entitled (x) to utilize the excess funds above the Reserve Cap (which for 2020 would be $2,064,611, assuming the VTMUA Budget Deficit is as reflected on Exhibit C) and (y) disburse the funds in the Vernon Municipal Fee Account in satisfaction of Sewer Agreement Obligations owed for calendar year 2021 in accordance with the timeline outlined in section 2(v) above.
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