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ufij��� <br />acceptable rights of way and access rights from its existing <br />facilities to the points of connection to Project Customers, <br />as set forth in the plat attached hereto as Exhibit, "All, and <br />is further conditioned upon the approval by all federal, <br />state and local regulatory agencies having jurisdiction over <br />the Green Acres Project and Project Water. <br />9.6 Conditions Subsequent: The performance of this <br />Agreement is conditioned upon OCWDI,s continued ability <br />feasibly to produce and distribute Project Water for sale to <br />RETAILER and resale by RETAILER to Project Customers in a <br />cost-effective manner. Subsequent to the date of this <br />Agreement, should OCWD determine in its sole discretion that <br />unanticipated increases in the cost of producing or <br />distributing Project Water or new or modified regulatory <br />requirements governing the production, distribution, quality <br />or use of Project Water render, the Green Acres Project <br />economically unfeasible, OCWD may cease production and <br />distribution of Project Water upon ninety (90) days written <br />notice to RETAILER. In the event that OCWD ceases the <br />production and distribution of Project Water pursuant to this <br />paragraph 9.6, this Agreement shall terminate and OCWD shall <br />incur no liability to RETAILER or any Project Customer or <br />Groundwater. Customer by reason of the termination of this <br />Agreement or the termination of production and delivery of <br />Project Water; provided, however, that if OCWD ceases the <br />production and distribution of Project Water pursuant to this <br />paragraph 9.6 within ten (10) years immediately following the <br />MOM <br />