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water required for Portsmouth's in-plant use, Chesapeake shall have the right of first refusal <br /> <br />to purchase, in addition to 5.0 mgd, any increase in Portsmouth's current safe yield caused <br /> <br />by the construction of such improvements. The parties further acknowledge and agree that <br /> <br />Chesapeake shall have the right of first refusal to purchase such increase in Portsmouth's <br /> <br />current safe yield aboye the minimum 2.0 mgd contemplated. <br /> <br /> 9. CONSTRUCTION OF CAPITAL IMPROVEMENTS. Portsmouth agrees to <br /> <br />construct the capital improvements contemplated under Paragraph 8 of the Prior Contract and <br /> <br /> <br />Paragraph 10 of this Amendment, subject to Chesapeake's timely payment of the cost of <br /> <br />these improvements as provided in Paragraphs 11 and 12 of this Amendment. Provided, <br /> <br />however, that Portsmouth's duty hereunder is subject to forces beyond Portsmouth's control, <br /> <br />including force majeure, acts of war or terrorism, labor stoppages, or state or federal <br /> <br />regulatory action. <br /> <br /> 10. DESIGN OF CAPITAL IMPROVEMENTS. General design concepts <br /> <br />of the capital improvmnents described in the preceding paragraph of this Amendment shall <br /> <br />follow Alternate No. 2 as set forth in the report prepared by CH2M Hill Southeast, Inc. for <br /> <br />Portsmouth entitled "Lake Meade Capacity Study," dated October 6, 1987. Alternate No. <br /> <br />2, further described as "Raw- water pump station and intake near the Pitchkettle Road Bridge <br /> <br />over Lake Meade," shall not include Option A or Option B concerning "Emergency Backup <br /> <br />for New Raw Water Pump Station." Provided, however, that Portsmouth may use any <br /> <br />different design concept having an equal or lesser cost to Chesapeake than Alternate No. 2. <br /> <br />A representative of the Chesapeake Department of Public Utilities shall participate in the <br /> <br /> <br />