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Port Gardner Bay Outfall Replacement Agreement <br /> expected time period of its availability on terms substantially similar to the terms and <br /> conditions the Participant can reasonably expect to obtain from a third party. <br /> 15.1.2 Third Party Use <br /> 15.1.2.1 If the other Participant does not exercise the first offer provided for in <br /> Section 15.1.1, the Participant with Excess Capacity may assign, lease, <br /> or otherwise allow the Excess Capacity to be used by third parties on the <br /> following terms and conditions: <br /> 15.1.2.1.1 The Participants will consult with each other's PRT Representative <br /> prior to assigning capacity to a third party; <br /> 15.1.2.1.2 Such assignment will comply with applicable laws, regulations, and <br /> permit requirements and must not adversely affect the Participants' <br /> permits or operations; <br /> 15.1.2.1.3 The assignment is subject to any security interest granted under this <br /> Agreement; <br /> 15.1.2.1.4 The term of assignment or lease must be limited and may not be <br /> greater than the remaining years in the Initial Term or such <br /> additional renewal term as may then be in effect; <br /> 15.1.2.1.5 Assignee may not cause or allow harm to the Joint Use Facilities or <br /> operation of Joint Use Facilities; and <br /> 15.1.2.1.6 The other Participant consents to the assignment which consent <br /> shall not be unreasonably withheld nor delayed. Without limitation, <br /> consent may be reasonably withheld if a Participant reasonably <br /> believes that such assignment could (a)jeopardize environmental <br /> 32 of 46 <br />