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2010/09/08 Council Agenda Packet
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2010/09/08 Council Agenda Packet
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Council Agenda Packet
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9/8/2010
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• <br /> D. Flow Acceptance and Restrictions. <br /> 1. Before Delivery of Notice of Acceptance. Before delivery of the Notice of <br /> Acceptance,the City has no obligation to accept any District Flow into any City <br /> pipeline from the New District Pipeline or from the New 30-Inch Pipeline. <br /> 2. After Delivery of Notice Acceptance. <br /> (a) New 30-Inch Pipeline. Effective upon delivery of the Notice of <br /> Acceptance,the City shall accept District Flow into the New 30-Inch <br /> Pipeline from the Existing 30-Inch Pipeline and from the New District <br /> Pipeline, so long as (i)the total District Flow at no point in the New 30- <br /> Inch Pipeline is in excess of 5,400 gpm and(ii)the District Flow from the <br /> Existing 30-Inch Pipeline into the New 30-Inch Pipeline is not in excess of <br /> 831 gpm. The City has no obligation under this Amendment or the <br /> Agreement(x)to accept any District Flow that causes the total District <br /> flow at any point in the New 30-Inch Pipeline to be in excess of 5,400 <br /> gpm or(y)to accept any District Flow from the Existing 30-Inch Pipeline <br /> in excess of 831 gpm into the New 30-Inch Pipeline. <br /> (b) High Capacity 36-Inch Pipeline. Effective upon delivery of the Notice of <br /> Acceptance,the City shall accept District Flow into the High Capacity 36 <br /> Inch Pipeline at Manhole 2085Z07 from the New 30-Inch Pipeline and <br /> • from the Low Capacity 36-Inch Pipeline, so long as the total District Flow <br /> in the High Capacity 36-Inch Pipeline is never in excess of 11,500 gpm. <br /> The City has no obligation under this Amendment or the Agreement to <br /> accept any District Flow that causes the total District Flow in the High <br /> Capacity 36-Inch Pipeline to be in excess of 11,500 gpm. <br /> (c) Block to Remain in Place. Effective upon delivery of the Notice of <br /> Acceptance,the City shall not deliver flow from the Existing 30-Inch <br /> Pipeline into the Low Capacity 36-Inch Pipeline. The City shall not <br /> remove the block in the Existing 30-Inch Pipeline between New <br /> Manhole A and Manhole 2085Z05. <br /> SECTION 2: RELEASE AND INDEMNITY <br /> • <br /> A. Definitions. For the purposes of this Section 2: <br /> 1. The"City"refers to the City, and the City's officers, employees, agents, and <br /> • representatives. <br /> 2. The"District"refers to the District, and the District's officers, employees, agents, <br /> and representatives. <br /> 3. "Claims" refers to any and all losses, claims,demands, expenses (including, but <br /> not limited to, attorney's fees and litigation expenses), suits,judgments, or <br /> damages,irrespective of the type of reliefsought or demanded, such as money or <br /> injunctive relief, and irrespective of whether the damage alleged is bodily injury, <br /> Page 5 <br /> 6 <br />
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