BHFB’s Right to Connect to the Regional Sewage Solution Sample Clauses

BHFB’s Right to Connect to the Regional Sewage Solution. If within thirty (30) days after RFA obtains approval of the Revised Land Development Plans as the Preliminary Land Development Plan from the Township for the Proposed Development (and as to BHFB’s Opposition to the Proposed Development (defined below) at all times thereafter) BHFB (i) directly and indirectly ceases (and at all times continues to cease) any and all efforts to appeal, challenge, condition, delay, modify, oppose, prevent, and/or prohibit this Settlement Agreement (or any part thereof), the Proposed Development, and the approval, construction, occupancy, permitting and/or use of the Proposed Development and any governmental approvals requested or granted therefore (collectively “BHFB’s Opposition to the Proposed Development”); and (ii) notifies RFA and the Township that it elects to participate in the construction and use of the Regional Sewage Solution and posts with the Township satisfactory financial security for BHFB’s Share of Regional Sewer Costs, RFA shall cause the Regional Pump Station and the Regional Sewage Solution to be modified to include sufficient capacity to also accommodate the sewage flows from the BHFB Properties (i.e 268 apartment units) subject to receiving PADEP and other governmental approvals to construct the Regional Sewage Solution. BHFB shall not be permitted to connect to the Regional Sewage Solution until BHFB’s Share of Regional Sewer Costs have been fully paid to RFA or if BHFB’s Opposition to the Proposed Development has not permanently ceased. Notwithstanding anything to the contrary, however, RFA shall not be required to accommodate the flows from the BHFB Properties if doing so would limit availability of conveyance and/or treatment capacity for the Proposed Development (both Phase I and Phase II).
Sample 1
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