Expansions or Upgrades of Treatment Plant Sample Clauses

Expansions or Upgrades of Treatment Plant. The Municipality shall be required to contribute to and share in the Costs of any other capital expansions or upgrades, improvements, modifications, extraordinary repairs or replacements not considered an O&M Expense, and other projects deemed by York to be of a capital nature and undertaken by York with respect to the Treatment Plant (“Capital Costs”). Any capital expansion, upgrade, improvement, modification, extraordinary repair or replacement in excess of Three Million ($3,000,000) Dollars shall be approved by a majority of all Connected Muncipalities unless such upgrade, improvement, modification, extraordinary repair or replacement has been order to be constructed by a governmental agency of the Commonwealth or United States, specifically including DEP and the EPA. York shall not separate any contracts or projects to intentionally avoid the Three Million ($3,000,000) Dollar limitation provided herein.If York should undertake such an upgrade or modification of the Treatment Plant, which undertaking results in Costs, Costs of Acquisition or Costs of Construction to be incurred by York, then the Municipality shall pay a pro rata share of such Costs in the same proportion as its respective Allocated Capacity as costs are incurred by York for such upgrading or improvements. The Municipality shall have the right to inspect the record of all purchases and expenses involved in the construction. York shall provide to Municipality on an annual basis a five (5) year projection of expected capital improvements.