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Port Gardner Bay Outfall Replacement Agreement <br /> TRANSACTIONS HEREUNDER FOR ANY CAUSE, INCLUDING, WITHOUT <br /> LIMITATION, BREACH OF CONTRACT, TORT OR OTHER LEGAL THEORIES. <br /> 14. WATER REUSE <br /> 14.1 The City hereby grants K-C the right, but not the obligation,to withdraw City effluent <br /> from the Joint Use Facilities or City conveyance line to the Joint Use Facilities and to use, at <br /> K-C's risk and expense, City effluent as non-contact cooling water, but only to the extent such <br /> withdrawal does not compromise proper functioning of the Joint Use Facilities or the City's <br /> conveyance line; provided, however,that the City has the right, after fifteen(15) years from the <br /> commencement of Joint Use Facility operations,to divert and sell any or all of its treated effluent <br /> to one or more third parties. The City's right to divert and sell treated effluent is subject to a <br /> right of first refusal by K-C to meet the terms offered to the City by a third party purchaser of the <br /> City's treated effluent. <br /> 14.2 Once K-C begins using the City's treated effluent for non-contact cooling water, K-C will <br /> not terminate use of City effluent(a) unless such treated effluent use adversely affects the site <br /> manufacturing or operations or(b) until K-C gives the City ninety(90) days advance written <br /> notice of intent to suspend or terminate such use. <br /> 15. ASSIGNMENT OF CAPACITY <br /> 15.1 Excess Capacity <br /> 15.1.1 Right of First Offer <br /> Before a Participant may rent, lease or temporarily assign its Excess Capacity to a <br /> third party, it must first offer the Excess Capacity to the other Participant for the <br /> 31 of 46 <br />