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BHEC which Calpine deems unusable, with justification of such decision by Calpine and the reasons <br /> for Calpine ' s decision. Notification to the County will be made by telephone and will be followed <br /> by written notification. In the event Calpine ceases accepting storm water from the County due to <br /> such water exceeding the maximum acceptable limits as shown on Exhibit "D", Calpine may: a) with <br /> prior notice to the County, and subject to and in compliance with the District ' s Water Level <br /> Guidelines , use the stormwater park bypass to deliver stormwater directly from the Lateral "C" <br /> withdrawal point to BHEC , and, under this operational mode, the County shall be responsible for the <br /> operation and maintenance costs associated with the pumping station located at the Lateral "C" <br /> withdrawal point ; or b) at Calpine ' s own cost, obtain the required quantity of water from an <br /> alternative source , which source(s) may include, but shall not be limited to , Calpine ' s own holding <br /> ponds or other sources, subject to and in compliance with the District ' s Water Level Guidelines . <br /> Such delivery via the stormwater park bypass or from alternate sources shall continue until such time <br /> as Calpine determines that stormwater to be delivered by the County is within the maximum <br /> acceptable limits as set forth on Exhibit "D" and usable at BHEC . Calpine shall be responsible for <br /> operation and maintenance of the pumping station at the stormwater park design withdrawal point <br /> and pipeline from the stormwater park design withdrawal point to the BHEC , as defined in Paragraph <br /> 3 .b . C , and the County shall have no responsibility for such pumping station at the stormwater park <br /> design withdrawal point and pipeline from the stormwater park design withdrawal point to the <br /> BHEC . The provision of Paragraph 5 .b shall apply during such Shutoff Period. <br /> f. Exhibit "D " represents a sampling of the water in the District canals <br /> and the Brine discharge from the IRC South Plant as of the time of execution of this Agreement . <br /> 14 <br /> 8 .5 .04 Water Agreement <br />