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the schedule and status of District's Treatment Plant Expansion Project. Not less <br /> than thirty (30) days prior to the commencement of each Contract Year, City shall <br /> advise District of the amount of Treatment Capacity Rights available for transfer to <br /> District for that Contract Year. That determination by City may, but need not, be <br /> made in conjunction with the annual planning review provided under Paragraph 16 <br /> of the Basic Agreement. City shall take into consideration the Wastewater flows of <br /> City of the preceding year, projected growth rates of City, and the projected time of <br /> completion of District's Treatment Plant Expansion Project in determining the <br /> Treatment Capacity Rights available for transfer. <br /> At such time as District desires the Treatment Capacity transferable to <br /> District, District shall give written notice to City of the amount of such Capacity <br /> Rights, expressed in mgd ADWF, desired by District, whereupon the transfer of said <br /> Capacity shall be deemed to commence. District may commence such transfers <br /> pursuant to one or more notices given in any Contract Year, provided that the <br /> aggregate amount of Treatment Capacity so transferred in any such Contract Year <br /> shall not exceed the amount determined by City to be available to District. Any <br /> Treatment Capacity Rights requested by District but not used in any given Contract <br /> Year shall, upon the expiration of such year, revert to City. <br /> (b) Consideration, In consideration of City's transfer of Treatment Capacity <br /> Rights hereunder and until the expansion component of LAVWMA's Expansion <br /> Project is in operation, District shall assume full responsibility for fines or sanctions <br /> imposed by RWQCB which arise out of any wet weather overflows from District's <br /> Treatment Plant corresponding to City's current Treatment Capacity Rights of 7.135 <br /> mgd ADWF. <br /> (c) Transfer Tenn. Treatment Capacity Rights transferred by City to District <br /> hereunder shall commence, with respect to the amounts specified in the notice or <br /> notices given by District to City, upon the date of said notice and shall expire, for <br /> all such transferred Capacity, upon the later of (i) commencement of operation of <br /> District's Treatment Plant Expansion Project, or (ii) commencement of operation of <br /> the expansion component of LAVWMA's Expansion Project. <br /> 4. District's Clean Water Revival Project. <br /> (a) Operation, Commencing upon the operation of District's Clean Water <br /> Agmt -10b 5 <br /> 8/27/97 <br />