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g. Throughout the Term of this Agreement, the parties acknowledge that the delivery of stormwater from the stormwater park will be as available. The County acknowledges that if the County cannot deliver the daily stormwater of the quantity defined herein to Calpine during the Term of this Agreement, Calpine may suffer damages ; however, Calpine, its successors and assigns , will not assert a claim for damages against the County or District but may pursue other remedies that may exist at law or in equity. The County, therefore, must give prompt telephone notice followed by written notice of its inability to supply stormwater of the quantity defined herein to Calpine . Calpine acknowledges that from time to time there may be an interruption of flow due to failure of mechanical equipment at the Lateral "C " withdrawal location or at the stormwater park, failure of the pipeline between Lateral "C" and the stormwater park, and/or failure due to other causes . The County agrees to use its best efforts to repair or restore the flow and/or rectify the non- compliance, regardless of the cause of the interruption, within 24 hours after discovery by the County or reported by Calpine , If the County is not able to deliver stormwater of the quantity defined herein, Calpine may: a) with prior notice to the County, and subject to and in compliance with the District ' s Water Level Guidelines, use the stormwater park bypass to deliver stormwater directly from the Lateral "C" withdrawal point to BHEC , and, under this operational mode, the County shall be responsible for the operation and maintenance costs associated with the pumping station located at the Lateral "C " withdrawal point; or b) at Calpine ' s own cost, obtain the required quantity of water from an alternative source, which source(s) may include, but shall not be limited to , Calpine ' s own holding ponds or other sources , subject to and in compliance with the District ' s Water Level Guidelines , until such time as the County is able to deliver stormwater in compliance with the terms 11 8 . 5 .04 Water Agreement