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<br />the credit, Louisville will refund the deposit to Superior within <br />sixty (60) days after expiration or after receipt of the request, <br />whichever is earl ier. At the time the tap is to be issued, <br />superior shall pay the tap fee applicable at the time of issuance <br />(see paragraph 3. (a)) minus the thirty percent (30%) per tap amount <br />paid for reserving the tap. <br /> <br />(b) If it is determined by Louisville, in its sole <br />discretion, that the system will not accommodate such additional <br />flows or projected additional flows from Superior and that <br />Louisville does not wish to expand the system to accommodate such <br />additional flows or projected additional flows, Superior may opt to <br />improve the Louisville system, at Superior's sole cost, in the <br />following manner: <br /> <br />(1) Louisville agrees to provide data <br />indicating the nature of the inability of Louisville to <br />accommodate the additional flows or projected additional <br />flows. superior will provide detailed plans and <br />associated costs to remedy the capacity restrictions. <br />Louisville, at its sole option, may proceed to improve <br />the system pursuant to the plans and costs provided by <br />Superior to address superior's needs at Superior's sole <br />cost, authorize Superior to contract to improve the <br />system, or reject the proposed plan. Should Louisville <br />elect to improve the system, the costs identified by <br />Superior for such improvements shall not be exceeded <br />without Superior's prior written consent. <br /> <br />(2) If Louisville rejects the proposed plan, <br />a written evaluation will be made available to Superior, <br />outlining the reasons for the rejection. After receiving <br />a rejection, superior may request that a committee be <br />formed composed of one elected official from Superior <br />selected by Superior, one elected official from <br />Louisville selected by Louisville, the Louisville city <br />Administrator and Public Works Director, the Superior <br />Town Manager and Engineer, and one person acceptable to <br />both elected officials. The sole purpose and authority <br />of the committee shall be to review the rejection and <br />determine a plan for the system improvements. A plan for <br />the system improvements shall be determined by the <br />committee within sixty (60) days after Louisville <br />receives a written request for formation of the <br />committee, unless the elected officials of superior and <br />Louisville serving on the committee agree to an extension <br />of time. Agreement by at least four members of the <br />committee on a plan for the system improvements shall be <br />binding on superior and Louisville and Superior may <br />proceed with the improvements in accordance with the <br />approved plan, or Superior may decide not to proceed with <br />any improvements. <br /> <br />4 <br />