Supplemental Cash-in-Lieu for Overages Sample Clauses

Supplemental Cash-in-Lieu for Overages. As specified above, Leprino has previously dedicated or received a credit for a total amount of 2,134 acre-feet of raw water and may furnish an additional 220 acre-feet to the City by paying a cash-in-lieu fee in accordance with subparagraph I(F)(1)(d)(ii) above. Currently, Leprino’s annual use is approximately 2102 acre- feet. If Leprino exceeds its annual allotment for two consecutive calendar years or if the amount of Produced Water available to the City is less than 638.701 acre-feet resulting in a reduced annual allotment for two consecutive calendar years, then Leprino shall be required to pay a cash-in-lieu fee in accordance with subparagraph I(F)(1)(d)(ii) above to increase its annual allotment by an amount equal to either (1) the average volume of water used above its annual allotment or (2) the average volume of Produced Water less than 638.70 acre-feet that is made available to the City over the applicable two consecutive calendar year period. The payment of any cash-in-lieu fee pursuant to this section shall be in addition to any surcharge assessed pursuant to subparagraph I(F)(1)(d)(v) below.
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Related to Supplemental Cash-in-Lieu for Overages

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  • Determination by Independent Accountant The Independent Accountant shall make a determination as soon as practicable within thirty (30) days (or such other time as the parties hereto shall agree in writing) after their engagement, and their resolution of the Disputed Amounts and their adjustments to the Closing Working Capital Statement and/or the Post-Closing Adjustment shall be conclusive and binding upon the parties hereto.

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