Resolution 4756 - Laserfiche WebLink

Port Gardner Bay Outfall Replacement Agreement compliance or(b) impair the efficient operation of the Joint Use Facilities. 15.1.2.2 If both Participants want to assign their Excess Capacity: (a) the quantity of Excess Capacity assigned shall be shared pro rata by the Participants or as otherwise mutually agreed; and(b)proceeds from the sale of Excess Capacity will be shared pro rata or as otherwise mutually agreed. 15.1.2.3 Third party responsibility for share of the Annual O&M Budget will be negotiated, but shall not be less than pro rata by flow. The third party will be responsible for any study and testing costs to demonstrate acceptability of effluent to the system, unless a Participant elects to share in such costs. 15.2 Assignment or Transfer to a Successor in Interest Notwithstanding any other provisions in this Agreement, and subject to the other Participant's consent as set forth below(which consent will neither be unreasonably withheld nor delayed), a Participant may assign or otherwise transfer its rights and obligations under this Agreement to a successor in interest, i.e., a subsequent owner or operator of the K-C Mill or the City's POTW, by providing written notice to the other Participant. The non-assigning Participant shall have thirty (30) days from receipt of such notice to review the proposed assignment or other transfer and, as a condition for such consent, may require the successor in interest to execute a written undertaking that the successor fully assumes and is bound by the obligations, terms and conditions of this Agreement, any Operations Manual, and any other permits, licenses, or agreements that 33 of 46