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Port Gardner Bay Outfall Replacement Agreement <br /> 21.10 No Third Party Rights <br /> This Agreement does not create any enforceable rights in any third parties, or any causes <br /> of action by third parties against the Participants. <br /> 21.11 No Partnership <br /> This Agreement does not create any partnership or joint venture between the Parties, nor <br /> does it create any agency relationship between them. <br /> 21.12 MOU Superseded <br /> This Agreement supersedes the MOU. <br /> 22. DEFINITIONS <br /> The following definitions and usage shall apply to this Agreement and any Operations <br /> Manual approved by the PRT. <br /> Agreement Short title of this Port Gardner Bay Outfall Replacement <br /> Agreement. <br /> Additional Term Any five year period for which this Agreement was automatically <br /> renewed subsequent to the Initial Term. <br /> Annual Operations and Calendar year estimate of cost of operating and maintaining the <br /> Maintenance Budget or Joint Use Facilities. It may include, but is not necessarily limited <br /> Annual O&M Budget to, any of the following items: inspection and maintenance, repairs <br /> and replacements, preventive maintenance, financial reserves, <br /> performance review for the facilities, taxes directly and properly <br /> chargeable to the operation and maintenance of the Joint Use <br /> Facilities, insurance premiums, and the costs of testing and <br /> monitoring that may be agreed to by the Participants or required by <br /> government agencies. <br /> Capacity The design flow carrying capacity for a volume of liquid through <br /> the Joint Use Facilities, measured in gallons per day and stipulated <br /> to be at least sixty-four million gallons per day (64,000,000 gallons <br /> per day). <br /> 42 of 46 <br />