Management of Capacity. 4.1. The Water Company will from the date that Discharge is permitted under this agreement (or otherwise agreed) provide capacity to the New Appointee for the Discharge provided that (with the exception of the liability set out in clause 9.10) no liability shall rest upon the Water Company if, acting reasonably and in good faith, it is prevented from doing so due to an Emergency or Force Majeure event.
4.2. The New Appointee shall ensure that no discharge is made in excess of:
4.2.1. the volumes specified as the Maximum Volume;
4.2.2. the rate of discharge specified as the Maximum Rate of Discharge; or
4.2.3. that originating from the Development Limit.
4.3. The Water Company may take such steps as may be practicable to restrict the Discharge by the New Appointee to the volumes specified as the Maximum Volume and the rate of flow specified as the Maximum Rate of Discharge.
4.4. The New Appointee shall ensure that effluent is not held back in the New surge or peak or otherwise causes an odour which constitutes a nuisance or is capable of constituting a nuisance either to the Water Company, its employees, contractors or agents or to any member of the public.
4.5. If the Discharge by the New Appointee at the Discharge Point as a volume exceeds the Maximum Volume or Maximum Rate of Discharge, it shall:
4.5.1. notify the Water Company of the existence and cause of the excess use as soon as practicable after the same have come to its attention;
4.5.2. keep the Water Company notified of the steps being taken to reduce its use to levels less than the Maximum Volume or Maximum Rate of Discharge;
4.5.3. take such additional or alternative steps as the Water Company may reasonably direct to reduce its use to levels less than the Maximum Volume or Maximum Rate of Discharge; and/or
4.5.4. pay to the Water Company an Additional Capital Contribution as reasonably determined by the Water Company towards any further Network Re-inforcements or Local Off-Site Sewers that the Water Company considers are required to the Water Company’s Sewerage Network as a consequence.
4.6. Where the Discharge Point comprises more than one point of connection, the provisions of this clause shall apply separately to each point and to each Maximum Volume and Maximum Rate of Discharge assigned to them.
