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<br />. <br /> <br />- <br /> <br />t <br />f <br /> <br />WHEREAS, a portion of capacity of the Plant presently owned by the Gulf Coast Water <br /> <br />Authority on behalf of the City of Galveston is subject to pending sales to other Participants, and the <br /> <br />Participants agree to incorporate this reallocation of capacity ownership into this Agreement; <br /> <br />NOW, THEREFORE, the Participants agree as follows: <br /> <br />ARTICLE 1 <br /> <br />DEFINITIONS <br /> <br />1.1 "Annual O&M Budget" is defined in Section 3.4 and Exhibit "E." <br /> <br />1.2 "Contingency Reserve" is defmed in Section 4.5. <br /> <br />1.3 "CW A" means the Coastal Water Authority. <br /> <br />1.4 "Day" means the period beginning 8:00 a.m. and ending at 8:00 a.m. the next calendar <br /> <br />day or such 24 hour period agreeable to the Participant Director and the Managing Participant <br /> <br />Director. <br /> <br />1.5 "Demand Allocation" means that portion of Production Capacity measured in MGD <br /> <br />which a Participant is entitled to take during a day. <br /> <br />1.6 "Demand Allocation Factor" is the percentage of the Production Capacity which a <br /> <br />Participant is entitled to take during a day. <br /> <br />The Participants' Demand Allocation Factors are specified in the Participant Exhibits. The <br /> <br />.. <br />,. <br />I <br />, <br />! <br />. <br />! <br /> <br />sum of the Demand Allocation F8:ctors of all the Participants to this Agreement at any given time, <br /> <br />including the Managing Participant, shall always total one hundred percent (100%). <br /> <br />A:\EWB 1097S.RVI <br />L.D. File No. 80-99146-01 <br /> <br />Febnwy 9, 2000 <br /> <br />2 <br />