LAVWMA AND EBDA - Laserfiche WebLink

6 EBDA/LAVWMA Master Agreement July 1, 2021 system (from LAVWMA and San Leandro) and the tide. The ability of OLEPS to pump the flow from the southern portion of the system is the limiting factor in determining LAVWMA’s Interruptible Capacity. LAVWMA’s Interruptible Capacity is thus variable and dynamic, as the actual flow rate changes continuously throughout any given hour, day, and season. Conditions whereby EBDA may interrupt LAVWMA’s flow shall be outlined in a Standard Operating Procedure, to be agreed upon by the General Managers of both Parties. Said Standard Operating Procedure shall be consistent with the NPDES permits of both Parties as of the Effective Date and shall be updated as necessary. 4.3 LAVWMA’s Alternate Permanent Disposal Options. LAVWMA, and its member agencies, recognize that the possibility of interruption by EBDA will require alternative discharge locations. In the event of such interruption by EBDA, it will be the responsibility of LAVWMA to provide alternate means of disposing of the interrupted flows of LAVWMA. 4.4 LAVWMA’S Release of all Claims as to Capacity. The Parties, in entering into this Amended and Restated Master Agreement, have done so in order to formalize a granting of Interruptible Capacity in lieu of pursuing adversarial actions including but not limited to legislation, and/or direct or inverse condemnation. In addition, LAVWMA relinquishes all claims to any capacity in the EBDA system above the currently specified Interruptible Capacity of 21.48 MGD (which itself can be interrupted to the point of nonexistence at the discretion of EBDA) unless this Amended and Restated Master Agreement is amended in writing by the Parties. 4.5 EBDA’s Temporary Use of LAVWMA’s Capacity. EBDA shall not do anything within EBDA’s control which would injure or prohibit LAVWMA from utilizing the Firm DocuSign Envelope ID: 2015A7A9-8BAE-4CD6-9738-D2CFBB077285