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<br />the contract described in this Section 4.01 shall provide <br />that the City shall not permit the District's pro rata share <br />of purchased capacity in the City's systems to be committed <br />and permanently allocated to any other party. Finally, it is <br />understood and agreed that the District will not finance more <br />than its pro rata share of the City's Regional Facilities and <br />its internal utilities, and that the District agrees to <br />cooperate in all current and future phases of the utility <br />Plan of which service to the District is a part, as presently <br />projected or as mutually modified. <br /> <br />section 4.02. Cost-Sharinq and Mutual Modification of <br />Reqional Facilities. <br /> <br />(a) The District and the City agree to share the costs <br />of the Regional Facilities, the cost shares being as de- <br />scribed in the so-called Second Alternative and Appendix H of <br />the Water part and Alternative 6 and in Appendix J of the <br />Wastewater part of the utility Plan, attached hereto as <br />Exhibit D. Execution of the Agreement by the City <br />constituted its adoption of said alternatives as the utility <br />Plan, and the parties acknowledge that no revisions or <br />additions have been made thereto since the adoption of the <br />Agreement. The parties have agreed that, in general, the <br />utility Plan will meet the needs of both the City and the <br />District. The parties acknowledge that parties other than <br />themselves may desire to purchase capacity in and to be <br />involved in the construction of the Regional Facilities, and <br />the City will be responsible for contracting with any such <br />third parties in separate agreements, so that for purposes of <br />this Amended Agreement, the City is responsible for all costs <br />of the Regional Facilities not attributable to the District. <br /> <br />(b) The parties acknowledge that the timing of the <br />phases of the Project and the specific construction activity <br />included in each phase have been projected for the utility <br />Plan using the best information available, and accordingly, <br />the parties agree that this Amended Agreement is intended to <br />be interpreted at its most flexible, so that future <br />occurrence of different timing or different facilities may be <br />agreed upon with no further approval action required. <br />Future Mutual Modifications of plan$ for the Regional <br />Facilities will be accompanied by modified cost shares per <br />party based upon capacity required for each phase. If future <br /> <br />-10- <br />