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this Agreement. LAVWMA shall not award a construction con- tract to expand the design capacity of the LAVWMA system to 41.2 mgd until there is a final judgment upholding the validity of this Agreement or other resolution unanimously approved by the LAVWMA Board. 15.4.2 Notwithstanding the provisions of paragraph 32, in the event that a final non-appealable judgment in the validation action determines that any provision of paragraphs 13, 14, 15, 16, 17, 18, or 19 of this Agreement is invalid and if the Member Agencies do not agree to revisions to the Agreement in response to the judgment, all of the provisions of paragraphs 13, 14, 15, 16, 17, 18, and 19 shall be severed from the Agreement upon notice from a Member Agency to the other Member Agencies, which notice shall be given prior to award of any construction contract to expand the design capacity of the LAVWMA system. In such event, LAVWMA shall retain the authority to maintain its other facilities and to reline and repair the pipeline existing at the time of execution of this Agreement. 15.5 Voter Approval. Pleasanton and Livermore will submit the question of each city's participation in the Project to their respective voters as speci- fied in paragraph 19 of this Agreement. 15.6 Project Ca~ac~ It is LAVWMA's intention that the Project will be designed in a manner such that the Member Agencies' respective capacities in the replacement and expansion pipelines will be needed by each Member to serve the cities' general plans and/or the general plans for the planning agencies that DSRSD serves, that such capacity will be allocated and set aside exclusively for the use of each Member Agency except to the extent that the agencies may transfer capacity by agreement as specified in this Agreement. 15.7 Capacit,~g~ts in EBDA. 15.7.1. Capaci Rights Existing At the Time of Execution of This Agree- m n .The Member Agencies have existing capacity rights in the EBDA system which are firm capacity rights of 19.72 mgd P W W F and 1.28 mgd of interruptible capacity. The firm capacity rights are always available for use by LAVWMA and are allocated as fol- lows: Livermore, 8.229 mgd; Pleasanton, 7.106 mgd; and DSRSD, 4.385 mgd. The interruptible capacity will be interrupted when the combined EBDA member agency Peak Wet Weather Flow reaches 169.4 mgd. The existing interruptible flow is allocated: Livermore, .499 mgd; Pleasanton, .397 mgd; and DSRSD, .384 mgd. LAVWMA/JPA/FINAL -lO- July 21; 1997