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7 <br />EBDA/LAVWMA Master Agreement July 1, 2021 <br />Capacity set forth herein. If EBDA wishes to utilize any portion of LAVWMA’s Firm Capacity, <br />which is not in actual use by LAVWMA or necessary for LAVWMA’s anticipated needs, EBDA <br />shall submit a written proposal to LAVWMA detailing the nature, duration and volume of <br />EBDA’s proposed usage. LAVWMA may give its written permission, subject to any conditions <br />negotiated by the Parties for usage of LAVWMA’s Firm Capacity by EBDA. The Parties agree <br />and understand that if any unused LAVWMA Firm Capacity is available, this capacity may be <br />used by EBDA for short duration peak flows provided such usage does not jeopardize the flows <br />of LAVWMA’s Firm Capacity in the EBDA System. LAVWMA retains complete ownership of <br />the discharge rights for the amount of Firm Capacity set forth in this Amended and Restated <br />Master Agreement. LAVWMA may transfer or sell to EBDA or to any EBDA member agency <br />any portion of LAVWMA’s Firm Capacity rights described in this Amended and Restated Master <br />Agreement which LAVWMA determines is unnecessary for its future needs. LAVWMA may not <br />transfer or sell to anyone any portion of its right to Interruptible Capacity without the prior written <br />consent of EBDA and each EBDA member agency which consent can be denied in the sole <br />discretion of EBDA or any EBDA member agency. <br />5. Operation of LAVWMA Facilities <br />5.1 Avoidance of Disruption to EBDA Facilities. Certain LAVWMA facilities for the <br />transportation and discharge of wastewater into the EBDA system must necessarily traverse the <br />jurisdictions of some or all of EBDA’s member agencies. LAVWMA agrees that the construction, <br />operation and repair of these facilities will be performed in such a manner as to avoid or minimize <br />disruption of the services provided by these member agencies and shall further be performed in a <br />manner which will provide a minimum of inconvenience to the residents of these member <br />agencies as well as to the general public and in a manner consistent with certain of the Individual <br />DocuSign Envelope ID: 2015A7A9-8BAE-4CD6-9738-D2CFBB077285