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<br />Section 12. Capacity RiQhts <br />Each Agency has acquired, by satisfying all terms of the Agreement, the capacity <br />and right to discharge to the Joint Facilities, the following maximum flow rate: <br />City of San Leandro 22.3 million gallons per day <br />Oro Loma/Castro Valley 69.2 million gallons per day <br />City of Hayward 35.0 million gallons per day <br />Union Sanitary District 42.9 million gallons per day <br />Should any Agency exceed its maximum flow rate capacity, it shall, upon <br />notification by the Authority take measures to reduce its flows within the allocated <br />capacity. If the Agency is unable to make necessary reduction in flow, it may: <br />(a) Purchase capacity from any other Agency which has surplus or unused <br />capacity, or <br />(b) At its expense, provide for modifications to pumping and/or conveyance <br />facilities to accommodate additional flows, or <br />Make arrangements with any other Agency or Agencies to utilize their <br />capacity allocation for short term peak flows. <br />Prior to the effective date of any of the above three actions, the Agency shall give <br />notice of such action to the Authority. <br />Should the Agency fail to accommodate flows, the Authority may take action <br />under the appropriate provisions of this Agreement. <br /> <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 Project Costs for the Phase I Project shall be allocated to each Agency in <br />25 accordance with Schedule A attached hereto and made a part hereof. Each Agency <br />26 shall advance its share of all Project Costs to the Authority and the monies so paid to <br />27 the Authority shall be paid out by it in payment of actual costs incurred. If any Agency is <br />28 unable to contribute its share of Project Costs in cash for the Joint Facilities, the <br />29 Authority, if requested by that Agency, may cause revenue bonds to be issued with <br />30 revenue to be provided by lease of facilities to the Agency requesting such issuance. <br />31 Funds advanced by the Agencies, contributions or reimbursements from other agencies <br />32 or other entities, and grant funds received from State and Federal Governments shall be <br /> <br />(c) <br /> <br />Section 13. Distribution of Proiect Costs for the Phase I Proiect <br /> <br />-16- <br />