Potential Decommissioning of Righters Ferry Pump station Sample Clauses

Potential Decommissioning of Righters Ferry Pump station. If within forty five (45) days after RFA obtains approval of the Revised Land Development Plans as the Preliminary Land Development Plan from the Township for the Proposed Development, the Township notifies RFA that it elects to decommission the Righters Ferry Pump station (located at 000 Xxxxxxxx Xxxxx Xxxx) (“RFPS”) and participate in the construction and use of the Regional Sewage Solution to redirect sewer flows from the RFPS to the Regional Sewage Solution and posts satisfactory financial security for the increased costs associated with designing, permitting, constructing, and operating (until acceptance of dedication and thereafter all costs shall be the responsibility of the Township) the Regional Sewer Solution to accommodate such election, RFA shall cause the Regional Sewage Solution to be modified to include sufficient capacity to also accommodate the sewage flows from the RFPS. Notwithstanding anything to the contrary, however, RFA shall not be (i) responsible for any costs associated with decommissioning the RFPS, or providing conveyance lines or other improvements to connect into the Regional Sewer Solution, it being understood that the Township shall bear 100% of all of those types of costs; or (ii) required to accommodate the flows from the RFPS if doing so would limit availability of conveyance and/or treatment capacity for the Proposed Development (both Phase I and Phase II). Flows from the areas served by the RFPS shall not be permitted to connect to the Regional Sewage Solution until the Township’s share of regional sewer costs have been fully paid to RFA.
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