Common use of Allocated Capacity Clause in Contracts

Allocated Capacity. 4.1. Each Party shall have the contractual right to its Allocated Capacity in the NWRRDS as set forth in Exhibit B. Exhibit B shall be revised by the Operating Agent to reflect any changes in Allocated Capacity during the term of this Agreement in accordance with the terms of this Agreement. 4.2. This Agreement entitles each Party to use certain segments of the NWRRDS based on proportional capacity as described further in Exhibit B at any time after the In-Service Date for receipt of water into the NWRRDS at the Party’s Source and delivery from the NWRRDS at the Party’s Point of Entry, subject to the conditions specified in this Agreement. 4.3. Subject to Sections 4.4, 4.5, 16.2 and 16.3 and the provisions of this Section 4.3, a Party may make available to a Party or non-party, a portion, or all, of its Allocated Capacity; provided, that, if a Party withdraws from or otherwise ceases to be a Party to this Agreement for any reason, the lease or other conveyance shall also terminate. Any lease or other similar conveyance of a Party’s Allocated Capacity shall include language making such agreement immediately terminate upon a Party’s withdrawal or other termination of its participation under this Agreement. 4.4. Notwithstanding anything to the contrary in this Agreement, any lease or other similar conveyance shall be subject to the Party seeking to make all or part of its Allocated Capacity available to another party offering such capacity to the following parties in the following priority: (a) other Parties to this Agreement;

Allocated Capacity. 4.1. Each Party shall have the contractual right to its Allocated Capacity in the NWRRDS as set forth in Exhibit B. Exhibit B shall be revised by the Operating Agent to reflect any changes in Allocated Capacity during the term of this Agreement in accordance with the terms of this Agreement. 4.2. This Agreement entitles each Party to use certain segments of the NWRRDS based on proportional capacity as described further in Exhibit B at any time after the In-Service Date for receipt of water into the NWRRDS at the Party’s Source and delivery from the NWRRDS at the Party’s Point of Entry, subject to the conditions specified in this Agreement. 4.3. Subject to Sections 4.4, 4.5, 16.2 and 16.3 and the provisions of this Section 4.3, a Party may make available to a Party or non-party, a portion, or all, of its Allocated Capacity; provided, that, if a Party withdraws from or otherwise ceases to be a Party to this Agreement for any reason, the lease or other conveyance shall also terminate. Any lease or other similar conveyance of a Party’s Allocated Capacity shall include language making such agreement immediately terminate upon a Party’s withdrawal or other termination of its participation under this Agreement. 4.4. Notwithstanding anything to the contrary in this Agreement, any lease or other similar conveyance shall be subject to the Party seeking to make all or part of its Allocated Capacity available to another party offering such capacity to the following parties in the following priority: (a) other Parties to this Agreement;