Water Supply for Xxxxxx and TenX Sample Clauses

Water Supply for Xxxxxx and TenX. It is Stilo’s responsibility to develop a water distribution system that will serve Xxxxxx and TenX as required and pursuant to the terms of this Section 11. Stilo shall cause an affiliate of Stilo (“Stilo Water Affiliate”) to reapply for a certificate of convenience and necessity (“CC&N”) to develop a water distribution system to supply water to Xxxxxx and TenX, either through new xxxxx or other sources. If a CC&N is issued to the Stilo Water Affiliate within thirty (30) days following the issuance to the Stilo Water Affiliate of such CC&N, Stilo shall cause the Stilo Water Affiliate to enter into a right of first offer agreement with the Town concerning improvements undertaken by Stilo to provide water under the authority of the CC&N. The right of first offer agreement shall require the Stilo Water Affiliate to sell the improvements undertaken by Stilo to the third party on the financial terms offered to the Town if the Town fails to accept an offer extended pursuant to the right of first offer agreement required by this Section 11(a). If the Stilo Water Affiliate is unable to obtain a CC&N, after making good faith efforts to do so, the Parties agree to negotiate an agreement with the third party that obtains the CC&N requiring the supply of water to serve Xxxxxx and TenX and to provide the Town a comparable right of first offer as set forth above. As condition to Town approval of any site plan or plat concerning Xxxxxx and TenX, Stilo must demonstrate that the property that is the subject of the site plan or plat will be served sufficient groundwater, surface water or effluent of adequate quality continuously, legally and physically to satisfy the water needs of the proposed use of the subject property for at least one hundred (100) years. For the purposes of this Section 11(a), a person or entity satisfies the definition of an “affiliate of Stilo” if the person or entity is under the control of Stilo in order to allow Stilo to discharge its obligations under this First Amendment.
Sample 1
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