O-2006-2959 - Laserfiche WebLink

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3 In the event the Managing Participant believes the regulatory fine is unjustified because the excursion was caused by a Force Majeure or other reason, it is the Managing Participant's responsibility to contest the regulatory fine at its own expense. The Operating Advisory Committee may withhold from payment as liquidated damages amounts as shown in Attachment A, Table [ 1] - Treated Water Quality Standards for exceedances of the specified water quality performance standards. Provided, however, the Operating Advisory Committee shall not impose liquidated damages (i) if the raw water exceeds the limits shown in Attachment A, Table [2] - Raw Water Parameters, and the Managing Participant demonstrates "best efforts" for water treatment; or (ii) the Managing Participant demonstrates that the exceedance was due to a Force Majeure. (Each Participant shall be given credits for liquidated damages on the basis of its percentage share of total Demand Allocation in the Plant). p. Term. The Service Term shall begin June 1, 2006 and last for five years. The Service Term is automatically renewable for successive five-year terms unless either the Managing Participant Director or a majority of the Participant Directors gives six months' notice of non-renewal. In addition, Participants may terminate the Service Term, if they can secure another service provider that can provide the same operation and maintenance services as described herein for a lower cost than the Managing Participant and obtain a two-thirds majority of Participants in favor of hiring the new service provider. No costs for the procurement of such replacement service provider shall be assessed against the Managing Participant. V oting under this Section D shall be one vote for each Participant. Each Participant must show that the proper authority has approved its vote. The Managing Participant shall continue to S;lpwesharelPLANSECnWaler Supply and Cost Sharing Contracts\Treated Water Supply COnlracts\Southeast Plant\southeast expansion contraclloperalions addendum\ADMSEWP091206accepted.DOC 3 September 12.2006