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required to meet this schedule. In the event the stormwater park is not completed in a manner to <br /> support this schedule, then the provisions of Paragraph 4 . g shall apply. <br /> d. The total amount of stormwater to be delivered from the County to <br /> Calpine shall be up to 9 . 1 MGD at a rate not to exceed 7000 gallons per minute ("GPM") as <br /> discussed in Paragraph 6 .b . BHEC Phase I will require a maximum peak daily demand of 4 . 55 MGD <br /> at a rate not to exceed 3500 GPM . <br /> e . The County reserves the right to use stormwater from the stormwater <br /> park for other purposes, should such use become feasible in the future ; however, subject only to <br /> agricultural demands , it is understood and agreed that Calpine shall have the right of first use and <br /> shall be entitled to utilize and receive all of the County' s stormwater from the stormwater park up to <br /> the amounts specified in Paragraph 4 . d above, subject to the District ' s Water Level Guidelines, <br /> during the Term of this Agreement. Neither the County nor the District shall allow any new non- <br /> agricultural withdrawals or uses of the water from the stormwater park that would prevent the <br /> County from satisfying its obligations to Calpine under this Agreement. <br /> f. The District reserves the right to use stormwater in its system for other <br /> purposes in the event of an emergency and Calpine acknowledges that, in times of drought or dry <br /> periods , water may not be available ; District, however, will not prefer any other large industrial uses <br /> over the needs of Calpine for water subject to the District's Water Level Guidelines , during the Term <br /> of this Agreement . <br /> 10 <br /> 8 .5 .04 Water Agreement <br />