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DES:dfr 9/25/92R(001/54) <br /> 10/07/92R <br /> corresponding Disposal or Treatment Capacity and subject to <br /> availability of funds derived from the basic uniform regional <br /> connection fee or equivalent charge established pursuant to <br /> paragraph 10(a) and expended by District pursuant to paragraph <br /> 11(d). City hereby appoints District to act as City's agent for <br /> said purpose and hereby authorizes District to conduct, upon <br /> instructions from City, all negotiations, prepare contracts <br /> (subject to City's review and approval) and otherwise act for and <br /> on behalf of City in acquiring such Capacity Rights. Nothing <br /> herein contained shall be deemed a limitation upon the respective <br /> rights and obligations of City and District as member agencies of <br /> TWA and LAVWMA under the joint exercise of powers agreements <br /> establishing TWA and LAVWMA, respectively, as the same exist upon <br /> the date hereof or as they may be amended, revised, or <br /> superceded. <br /> (c) Limitation. Neither party shall permit either its <br /> respective Disposal Capacity Rights or its Treatment Capacity <br /> Rights to be exceeded. At such time as the Committed Flow of <br /> either party equals 100% of the Disposal Capacity Rights and /or <br /> Treatment Capacity Rights allocated to such party, whichever is <br /> the limiting factor such that the combined use of Treatment <br /> Capacity and Disposal Capacity Rights allocated to such party <br /> causes the Committed Flow of such party to equal its Disposal <br /> Capacity Rights, said party shall not take any action nor <br /> withhold any action which permits or allows its Committed Flow to <br /> exceeds its allocations hereunder. <br /> If the Committed Flow of one party approaches or equals 95% <br /> 26 <br />