Little Potato Slough Mutual Water Company. The discharge capacity of the waste water and sewer system owned and operated by Little Potato Slough Mutual Water Company (“LPSMWC”) is subject to on-going evaluation required by the State of California/California State Lands Commission to determine whether the LPSMWC’s facilities are sufficient to handle surface water flows forecast for a once-in-100 years flood event. Because this evaluation may not be complete prior to Closing, Seller will pay, regardless of when incurred, (i) Seller’s share of the cost of the capacity evaluation and related proceedings before the Regional Water Quality Control Board (“RWQCB”); and (ii) Seller’s share of the cost of any improvements required by RWQCB as a result of the on-going evaluation. Buyer’s responsibility under this Section shall be deemed satisfied when the San Xxxxxxx County Department of Health Services or such other entity as may have jurisdiction, has approved in writing the sufficiency of the system to handle the surface water flows in a once-in 100 years flood event. Seller’s costs for which it is responsible shall include only the repair or modification to LPSMWC to the extent the laws or ordinances are required by the prevailing authority up to the time of Closing. Buyer will pay post-Closing costs otherwise associated with owning the stock of LPSMWC.
