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(i) a failure to commence making the Wastewater Services available to the <br />Tracts and the Districts, or any of them or portion of them as set forth in the <br />Absorption Schedule, on March 1, 2027, or (ii) a failure to provide continuous <br />Wastewater Services to the Tracts and the Districts, or any of them or portion <br />of them, in accordance with the Absorption Schedule (whether under the <br />City's existing permit, the amended Fleming Farms Discharge Permit, or the <br />Discharge Permit), and fails to: (i) cure such default within sixty (60) days <br />after receipt of written notice of default from the Developers, the City shall be <br />in default. If such a default occurs and the City has not obtained the amended <br />Fleming Farms Discharge Permit, the City shall promptly commence the <br />process of (and diligently pursue to completion) reassigning the Fleming <br />Farms Discharge Permit to Jones. In the event the Developers terminate this <br />Agreement, in whole, under this Section 1, the City shall have no further <br />obligation under this Agreement, except for (i) the City's obligation to <br />continue to provide the Sedona South Initial Wastewater Services for which <br />the LUEs have been paid for to the Customers in Sedona South, and (ii) the <br />City's obligations set forth in Article VI, Section 7, and the Developers will <br />not pursue any other additional recourse. In accordance with Article II, <br />Section 3, the City shall timely construct the Main Lift Station; provided, <br />however, if the City has met that obligation, the City shall not be obligated to <br />provide Wastewater Services to a Developer's Tract or District until such time <br />as such Developer or District has constructed the Improvements, in <br />accordance with the Regulatory Requirements, necessary to connect such <br />Developer's Tract or District to the City's system or the Main Lift Station in <br />accordance with City Standards. <br />Those sections of the Cost Sharing Agreement not modified herein shall remain in <br />force as originally stated. <br />IN WITNESS WHEREOF, the undersigned Parties have executed this Agreement <br />on the dates indicated below to be effective as of the Effective Date. <br />[COUNTERPART SIGNATURE PAGES FOLLOW] <br />Page 3 of 12 <br />