Unused, Unallocated Conveyance Capacity Sample Clauses

Unused, Unallocated Conveyance Capacity. (1) In addition to the Treatment Capacity Allocations and Conveyance Capacity Allocations made to the Parties in Sections 5.1 and 5.2 of this Agreement, the Wastewater Commission shall make available to the SSR Parties unused Wastewater conveyance capacity in the Sewer Service Facilities where conveyance capacity has not been allocated, for actual use on a first-come-first-served basis, up to the maximum Peak Hourly Flow limitation established in Subsection 3.3b(2), below. Any amount of capacity in such a facility that has been actually used by a SSR Party when not in violation of its Allocated Treatment Capacity flow limitations shall be considered used and unavailable for use by other SSR Parties. Racine warrants that each of the SSR Parties shall have sufficient conveyance capacity available to it in the Sewer Service Facilities, after completion of the Deficiency Work and through the year 2020, to transport to the Wastewater Treatment Facility its original Allocated Treatment Capacity as shown on Exhibit E, in the absence of any changes in the law relating to conveyance capacity or Bypassing, or the creation of any additional Allocated Treatment Capacity affecting the conveyance of facilities in question, or any substantial reconfiguration of SSR Parties or any substantial transfer or apportionment of Allocated Treatment Capacity adversely affecting the conveyance facilities in question. The Wastewater Commission shall take such actions as may be required to protect the interests of the SSR Parties in unallocated conveyance capacity in the event the Agreement is amended to admit an unanticipated SSR Party. (2) Whenever the total Peak Hourly Flow utilized by the Racine Utility’s consultant in the modeling underlying the 1998 Facilities Plan for testing the sufficiency of capacity in any particular conveyance facility, or for any particular segment thereof, actually occurs in such conveyance facility, or in such segment thereof, the Wastewater Commission shall promptly notify all affected Parties in writing that there is no remaining capacity in such facility that is available for use. Thereafter, no further Sewer Extensions or sewer connections tributary to such facility, or to such segment thereof, shall be approved or permitted by any of the Parties until such time as the Wastewater Commission determines and notifies the affected Parties in writing that additional capacity in such facility or in such segment thereof is unused and available for use. (3...