25B - AGMT ORANGE COUNTY WATER - Laserfiche WebLink

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JDK:bc: 10/10/88 acceptable rights of way and access rights from its existing facilities to the points of connection to Project Customers, as set forth in the plat attached hereto as Exhibit "A", and is further conditioned upon the approval by all federal, state and local regulatory agencies having jurisdiction over the Green Acres Project and Project Water. 9.6 Conditions subsequent: The performance of this Agreement is conditioned upon OCWD's continued ability feasibly to produce and distribute Project Water for sale to RETAILER and resale by RETAILER to Project Customers in a cost-effective manner. Subsequent to the date of this Agreement, should OCWD determine in its sole discretion that unanticipated increases in the cost of producing or distributing Project Water or new or modified regulatory requirements governing the production, distribution, quality or use of Project Water render the Green Acres Project economically unfeasible, OCWD may cease production and distribution of Project Water upon ninety (90) days written notice to RETAILER. In the event that OCWD ceases the production and distribution of Project Water pursuant to this paragraph 9.6, this Agreement shall terminate and OCWD shall incur no liability to RETAILER or any Project Customer or Groundwater Customer by reason of the termination of this Agreement or the termination of production and delivery of Project Water; provided, however, that if OCWD ceases the production and distribution of Project Water pursuant to this paragraph 9.6 within ten (10) years immediately following the 25B-31 _29_ EXHIBIT 1