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<br />-18- <br />15966623.1 <br />temporarily exceed an Agency's Maximum Flow Rate Capacity will not be a basis for <br />permanently increasing an Agency's Maximum Flow Rate Capacity without following the <br />process set forth in Section 11(d). Any Authority request to exceed an Agency's Maximum Flow <br />Rate Capacity will not be to the detriment of, or harm, any Agency. <br />(d) Increase of Maximum Flow Rate Capacity and Notice Procedures <br />(1) Notice of Intent to Increase Maximum Flow Rate Capacity. <br />If an Agency desires to increase its Maximum Flow Rate Capacity, it must notify <br />the Authority on or before January 1 in order for the increase to take effect on July 1 of the <br />following Fiscal Year. An Agency may not increase its Maximum Flow Rate Capacity more <br />than once in a Fiscal Year. In the event no Agency provides such notice in any given year, there <br />will be no change in any Maximum Flow Rate Capacity. <br />(2) Opportunity for Agencies to Respond to a Notice of Intent to Increase <br />Maximum Flow Rate Capacity. <br />Upon notification by the Authority that an Agency desires to increase its <br />Maximum Flow Rate Capacity as set forth in subsection 11(d)(1), all other Agencies will have <br />ninety (90) days to notify the Authority of an Agency's desire to increase its Maximum Flow <br />Rate Capacity at the same time. Once the ninety (90) day period is complete, the Authority will <br />notify all Agencies of the revised Maximum Flow Rate Capacity of each Agency. <br />(3) Allocation of Costs Associated with Modifications to Accommodate an <br />Increase. <br />Any Agency seeking to increase its Maximum Flow Rate Capacity will bear the <br />full cost and expense of any engineering and modifications to Facilities that may be required to <br />accommodate such additional flows. If more than one Agency seeks to increase its Maximum <br />Flow Rate Capacity, the Agencies increasing their Maximum Flow Rate Capacities will each <br />bear (A) the full cost and expense of any engineering and modifications to Facilities that may be <br />required to accommodate only that Agency’s additional flows; and (B) the proportionate cost and <br />expense of any engineering and modifications to Facilities that are required to accommodate <br />more than one Agency’s additional flows, based on the proportionate increase in Maximum Flow <br />Rate Capacities. The General Manager, in consultation with the general managers and city