ADDITIONAL SOURCES. In the event that Purchaser receives income from operations from the sale of potable or non-potable water acquired from Riverside Cement, Jurupa Community Services District (solely as it relates to that certain wastewater plant located immediately adjacent to Indian Hills (defined in Section 3.3(d))), La Sierra University or Hidden Valley Holdings, LLC (collectively, the “Additional Sources”), IHWCC, or such assignee or designee acceptable to Purchaser, shall be entitled to a portion of the Net Income arising from such Additional Sources, with such income to be allocated among Purchaser and IHWCC in the same manner as Net Income derived from the use of the Historical Rights (i.e., determined in accordance with Schedule 1.5); provided however, that the calculation of Net Income shall be made independently with respect to each Additional Source, and loans and equity contributions made in connection with each Additional Source shall allocated only to the specific transaction for which they are used. Notwithstanding the foregoing, the decision to enter into any transaction with an Additional Source shall be in Purchaser’s sole and absolute discretion.
Appears in 2 contracts
Sources: Stock and Asset Purchase Agreement (Empire Water CORP), Stock and Asset Purchase Agreement (Basin Water, Inc.)