Common use of Capacity Reservation Clause in Contracts

Capacity Reservation. 8.1 In the event that the capacity reservation provided in Section 6.1 of this Agreement is ruled to be invalid or illegal, the City shall have no obligation to reserve the capacity reserved by that illegal or invalid fee. At the City’s option however, it may retain this Agreement and charge any fees or charges deemed valid and lawful at that time, or implement valid and legal charges pursuant to a new ordinance without interruption to capacity reservations for Developer. Once such new ordinance is passed, the parties agree to automatically implement the new, lawful and valid capacity fee pursuant to the terms of this Agreement as if that charge was included herein from the inception