7.3.3 Relief from Offtake Obligation

For [•] days in each Contract Year, the Agency shall have the option to reject NDQ without incurring any penalty under the following conditions:

(a)  The Agency needs to undertake maintenance of the Agency System or is experiencing technical problems which affect its capacity to accept or distribute Treated Water and such is not the direct result of the Agency's fault or negligence or its preference to substitute Treated Water provided by the Company with water from a different source or a reduction in market demand for the Agency's services.

(b)  The Agency shall give the Company at least [•] Days/hours prior written notice of its decision to reject NDQ and shall specify the quantity of Treated Water to be delivered on that Day

(c)  Within [•] Days from the exercise of the option to reject NDQ, the Agency shall submit a written report to the Company describing the reason for the exercise of the option and how it affected the Agency's ability to accept the Treated Water that should have been delivered that Day.

(d)  The rejection by the Agency of the NDQ under the conditions in this Section 7.3.3 (Relief from Off-take Obligation) shall not be considered an Agency Event of Default.