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following the date of the election be deemed to have relinquished all capacity rights in, and rights to <br />discharge to both the relevant existing shared sanitary sewer, to the extent such sewer remains in <br />existence following construction of the new larger sanitary sewer, and any new supplemental or <br />enlarged replacement sanitary sewer constructed by the other Party. The withdrawing Party shall <br />commence constriction of the alternate connections of the sanitary sewerage facilities and/or new <br />facilities in affected tributary areas within a reasonable time after notifying the other Party of its <br />election and, in the absence of a mutual agreement of the Parties providing otherwise, shall ensure <br />that the alternate connections and/or facilities are constricted and in operation, and that the area <br />served by the shared sewer no longer discharges into the shared sanitary sewer, no more than <br />eighteen (18) months after notifying the other Party of its election. Such Party shall make a good <br />faith effort to coordinate construction of its alternate sanitary sewer connections and/or facilities <br />with the other Party's construction of the new sanitary sewer, <br />(d) Options in Event of Party's Failure to Fund Apportioned Share of New Shared Sewer. <br />If one of the Parties does not finance or fund its apportioned share of the new sanitary sewer <br />or for any other reason declines to participate, then, unless such Party withdraws and constructs <br />alternate connections as provided in Section 2(c), above, the other Party, at its sole option, may take <br />any of the following actions: <br />(i) Proceed to constrict with its own funds a new supplemental sanitary sewer with <br />capacity only for the tributary area or a portion thereof within its jurisdiction. If this <br />option is exercised, then the non -participating Party shall have no capacity rights in <br />the new supplemental sewer and, with respect to the existing shared sanitary sewer, <br />shall immediately cease issuance of sewer comiection permits and permits for <br />additional fixtures in, and/or square footage additions to, existing buildings as <br />provided for in Section 1(a). Such cessation of issuance of permits shall remain in <br />effect until the non -participating Party constructs alternate sewer facilities with <br />capacity for added flows from its tributary area or diverts the added flows to non - <br />shared sanitary sewers. The non -participating party shall be solely responsible for all <br />maintenance, repair, abandonment and enforcement costs of the existing shared <br />sanitary sewer following the construction of the supplemental sanitary sewer until it <br />constructs alternate sewer facilities or diverts all of its flows to non -shared sanitary <br />sewers; <br />(ii) Proceed to constrict with its own funds a new, larger sanitary sewer with capacity for <br />the tributary areas in the jurisdictions of both parties and recover from the non- <br />participating Party that Party's proportionate share of all necessary and appropriate <br />costs as determined after completion of construction, through mutual co-op <br />agreement of the Parties ; and/or <br />(iii) Pursue any remedy authorized in law, in equity, or by this Agreement. <br />(e) Treatment of New Shared Sanitary Sewers and Amendment of Exhibits. <br />Upon completion of construction, new shared sanitary sewers shall be treated by the Parties <br />in the same manner as existing shared sanitary sewers. The Parties shall, in good faith, negotiate an <br />amendment to Exhibits A and B upon completion of each new shared sanitary sewer in order to <br />579653.1 5 <br />