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1 <br /> 2 Section 4-211. Capacity Rights <br /> 3 Each Agency has acquired, by satisfying all terms of the Agreement, the capacity <br /> 4 and right to discharge to the Joint Facilities, the following maximum flow rate: <br /> 5 City of San Leandro 22.3 million gallons per day <br /> 6 Oro Loma/Castro Valley 69.2 million gallons per day <br /> 7 City of Hayward 35.0 million gallons per day <br /> 8 Union Sanitary District 42.9 million gallons per day <br /> 9 Should any Agency exceed its maximum flow rate capacity, it shall, upon <br /> 10 notification by the Authority take measures to reduce its flows within the allocated <br /> 11 capacity. If the Agency is unable to make necessary reduction in flow, it may: <br /> 12 (a) Purchase capacity from any other Agency which has surplus or unused <br /> 13 capacity, or <br /> 14 (b) At its expense, provide for modifications to pumping and/or conveyance <br /> 15 facilities to accommodate additional flows, or <br /> 16 <br /> (c) Make arrangements with any other Agency or Agencies to utilize their <br /> 17 <br /> capacity allocation for short term peak flows. <br /> 18 <br /> Prior to the effective date of any of the above three actions, the Agency shall give <br /> 19 <br /> 20 notice of such action to the Authority. <br /> 21 Should the Agency fail to accommodate flows, the Authority may take action <br /> 22 under the appropriate provisions of this Agreement. <br /> 23 <br /> 24 Contion 13. Distribution of Dr •or+t Vests for the Phase I Dr 'of+t <br /> 25 DrejeGt Costs for the Phase 1 Droie�hall ho allnnated to eaGh AnonG, in <br /> 11 IiT�JLT)�CfTV `"'JJ LITI��GITfQGC�TGCr—C� GTifGfl <br /> 26 aGGOrdanGe with SGhedule A attaGhed hereto and made a part hereof. EaGh AgenG <br /> 27 shall advanGe its share of all ProjeGt Costs to the Authority and the MeRies se paid to <br /> 28 the Autherity shall be paid eut by it On payment of aGtual GOStS inGUrred. if any AgenGy 0-6 <br /> 29 unable tG Gentrib oto its share of Drc)jeGt GOStc in Gash for the Joint FaGilites the <br /> urragr� c��rrrr- vn�vr— ornrr�racrrr <br /> 30 Autherity, Of requested by that AgenGy, may Gause revenue bonds to be issued with <br /> 31 reveRue to be provided by lease ef faGilities te the AgeRGY requeStiRg SuGh issuaRGe-. <br /> 32 Funds advanGed by the AgenGies, <br /> -17- <br /> 2336705.4 <br />