Common use of Project Modification Clause in Contracts

Project Modification. 9.1.1 The Parties acknowledge that the effectiveness of the remedy contemplated by the Project is not guaranteed by the Plaintiffs, although the Parties believe that the implementation of the Project represents a reasonable approach to providing containment of perchlorate as defined below and restoring water production. In the event that within the first three (3) years after Commencement of Operations of the Project (which time period will be tolled during any period in excess of one week of Remedy Stoppage), a modification of the Project relating to perchlorate remediation is required (1) because of any regulatory requirement or directive or court order; (2) because of a change in water quality standards or regulations; (3) because of an increase in concentration levels of perchlorate in the Subject ▇▇▇▇▇; (4) to achieve containment of downgradient perchlorate migration; (5) to restore the contemplated capability of the Project to provide water for potable purposes; or (6) to improve Project efficiency or cost effectiveness, Plaintiffs, ▇▇▇▇▇▇▇▇▇, and/or AISLIC may develop and implement the necessary modification of the Project (“Project Modification”) in accordance with this Article 9. Any Project Modification will be funded separately from and is not included in the amounts deposited into the Project Capital Costs Escrow Account as described in Section 1.56. For the purposes of this Agreement, containment is achieved when groundwater monitoring and modeling demonstrates (subject to agreement by representatives of Plaintiffs, ▇▇▇▇▇▇▇▇▇ and AISLIC at the monthly Technical Meetings or there is a determination by the Cost Consultant) that hydraulic control of Saugus Formation groundwater in the vicinity of Saugus 1 and 2 is such that future perchlorate migration from the Site in the Saugus Formation will not result in impacts to existing Saugus Formation production ▇▇▇▇▇ identified in Exhibit U above an applicable Notification Level or Maximum Contaminant Level (“MCL”). The groundwater modeling and evaluation of containment will also consider other contaminant mass removal and contaminant containment measures implemented on and in the vicinity of the Site.