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parties shall be carried out as hereinafter provided. No transfers <br /> of Treatment Capacity Rights shall become effective until the <br /> requesting party has fully utilized its allocation of Treatment <br /> Capacity Rights as hereinabove allocated. No such transfers shall <br /> be made until District's WTP Stage 4 Expansion Project has <br /> become operational. <br /> A party requesting a transfer of Treatment Capacity Rights <br /> "Requesting Party shall submit to the other party "Responding <br /> Party a written request for a transfer of Capacity Rights not less <br /> than ninety (90) days prior to the commencement of the calendar <br /> year during which the transfer shall remain in effect. Said request <br /> shall include estimated projections of Treatment Capacity <br /> consumption of the Requesting Party for not less than five (5) <br /> successive years; provided, that if District is the Requesting Party, <br /> District shall also provide in its response the current wastewater <br /> flow amounts for City and District and a plan and schedule for <br /> acquiring or providing additional Treatment Capacity for use of the <br /> parties. <br /> Not less than thirty (30) days prior to commencement of the <br /> calendar year for which such transfer is to be effective, the <br /> Responding Party shall confirm to the Requesting Party the <br /> amount of Capacity Rights available for transfer. Treatment <br /> Capacity Rights transferred but not used in any given year shall <br /> revert to the Responding Party upon the expiration of such year. <br /> Such estimated projections of requirements for Treatment <br /> Capacity shall take into consideration past wastewater flows of the <br /> -7- <br /> Agmt-28 <br /> F\sh\sh\DSRSD <br /> DES: /g:04/ 19/99108/21 /OC R <br /> AK v. 2: 10/10/O0R; DES 10/22/00 <br />