Laserfiche WebLink
Metadata
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
JDK:bc: 10/10/88 <br />acceptable rights of way and access rights from its existing <br />facilities to the points of connection to Project Customers, <br />as set forth in the plat attached hereto as Exhibit "A", and <br />is further conditioned upon the approval by all federal, <br />state and local regulatory agencies having jurisdiction over <br />the Green Acres Project and Project Water. <br />9.6 Conditions subsequent: The performance of this <br />Agreement is conditioned upon OCWD's continued ability <br />feasibly to produce and distribute Project Water for sale to <br />RETAILER and resale by RETAILER to Project Customers in a <br />cost-effective manner. Subsequent to the date of this <br />Agreement, should OCWD determine in its sole discretion that <br />unanticipated increases in the cost of producing or <br />distributing Project Water or new or modified regulatory <br />requirements governing the production, distribution, quality <br />or use of Project Water render the Green Acres Project <br />economically unfeasible, OCWD may cease production and <br />distribution of Project Water upon ninety (90) days written <br />notice to RETAILER. In the event that OCWD ceases the <br />production and distribution of Project Water pursuant to this <br />paragraph 9.6, this Agreement shall terminate and OCWD shall <br />incur no liability to RETAILER or any Project Customer or <br />Groundwater Customer by reason of the termination of this <br />Agreement or the termination of production and delivery of <br />Project Water; provided, however, that if OCWD ceases the <br />production and distribution of Project Water pursuant to this <br />paragraph 9.6 within ten (10) years immediately following the <br />25B-31 <br />_29_ <br />EXHIBIT 1 <br />