Potential Future Capital Projects Clause Samples

Potential Future Capital Projects a. Artesian shall make any changes to its Existing Treatment Systems and operations that are required to meet the Applicable Drinking Water Standards. If Artesian determines that Capital Projects are required to treat Site-related COCs in order to meet the Target Treatment Levels for the contaminant, Artesian shall promptly notify the Trust of such determination and the Parties shall work together in good faith to develop the most appropriate and cost-effective treatment option that will enable Artesian to meet the Target Treatment Levels, which will provide Artesian a margin of safety in meeting the Applicable Drinking Water Standards. The Trust shall reimburse Artesian for the costs of designing, installing, operating and maintaining such option as Compensable Capital Costs in accordance with the billing terms set forth in Paragraphs III.B.5.g.ii. and iii. The Trust shall not be obligated to reimburse Artesian for any new or enhanced treatment system that Artesian designs without prior notice to the Trust, it being understood that the design and installation of new or enhanced treatment systems shall progress in a manner intended to result in the treatment systems being installed and operational prior to any COCs reaching levels that preclude use of Llangollen as a source of potable water under Applicable Drinking Water Standards. The Trust also shall not be obligated to reimburse Artesian for any new or enhanced treatment system that is not required to address a Site-related COC. b. From time to time, the Trust may propose to Artesian alternative treatment technologies that are more efficient and cost-effective than those systems already installed for Site-related COCs, and Artesian agrees to consider any such proposals in good faith and shall only reject such proposal if it has a reasonable basis to do so.