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2 <br /> B. Everett Capacity Facilities. <br /> Everett shall size, design, construct, maintain, repair, and operate the Everett Capacity <br /> Facilities to make the District Capacity Rights available when needed to the District on a <br /> continuous basis and allow the District to use when needed the full volume of the District <br /> Capacity Rights: Nothing in this Agreement limits or otherwise affects Everett's authority to <br /> use the capacity in the Everett Capacity Facilities that is in excess of the District Capacity <br /> Rights. District Capacity Rights only confer on District the rights granted under this Agreement <br /> and do not constitute ownership of or any other interest or right in any Everett Capacity Facility <br /> or any other facility in the Everett sewer system. <br /> C. District Sewage Flows in Excess of District Capacity Rights. <br /> (1) Remedial Measures. The District shall begin remedial measures no later <br /> than thirty(30)days after the occurrence of either of the following events: <br /> (a) District sewage flows in any Everett Capacity Facility are <br /> measured in excess of District Capacity Rights. <br /> (b) District sewage flows in any Everett Capacity Facility are <br /> reasonably projected to exceed District Capacity Rights within three(3) years., <br /> Everett and the District shall meet to discuss and coordinate appropriate District remedial <br /> measures. Unless otherwise agreed in writing by Everett and the District, the District's remedial <br /> measures shall at minimum include the District taking all reasonable steps to reduce delivery of <br /> sewage, with the objective of curing excess sewage flows and preventing, for the remainder of <br /> the term of this Agreement,District sewage'flows being in excess of District Capacity Rights. <br /> (2) Everett Options. If the District's remedial measures under Section 4.C(1) <br /> do not cure or prevent excess District sewage flows in the reasonable judgment of Everett,then <br /> Everett may, so long as Everett is not in default under this Agreement, exercise one or more of <br /> the following options to remedy and prevent future excess sewage flows in the most cost- <br /> effective manner: <br /> (a) Moratorium of New Tributary Connections. Everett may require <br /> that the District not allow any new connections that would contribute to District sewage flows <br /> being in excess of District Capacity Rights. In order to exercise this option,Everett shall deliver <br /> notice to the District. No later than thirty (30) days after delivery of the notice,the District shall <br /> not allow any such new connections, except for connections the District is already contractually <br /> required to provide through, for example, prior payment of District connection charges or utility <br /> local improvement assessments. The District shall not allow any new connections if so barred or <br /> prohibited by order of the Washington State Department of Ecology. <br /> (b) Forced Purchase of Additional Capacity Rights. Provided Everett <br /> has existing unused capacity to sell, Everett may require the District to purchase additional <br /> District Capacity Rights by payment of a capacity charge to Everett for such additional rights. <br /> J <br /> 17 -_, : - <br />