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consent of the County, sell to its other customers such <br /> unused portion of the County's 300,000-gallon allotment as <br /> agreed upon by the County in writing. <br /> <br /> Section 4. The Town and the County hereby agree that <br /> the price at which the treated water will be sold to the <br /> County will be equal to (i) the lowest price charged by <br /> the Town to its bulk customers, less (ii) an amount equal <br /> to that portion of the price paid by the Town"s bulk <br /> customers (other than the County) allocated by the Town to <br /> the payment of debt service on any indebtedness incurred <br /> for the purpose of financing the acquisition, <br /> construction, installation and equipping Of either the <br /> Project or the facility known as the Mount Pleasant Water <br /> Treatment Plant~ <br /> <br /> Section 5. The Town hereby represents and warrants <br /> to the County that: <br /> <br /> (a) It has the power to enter into this <br /> Agreement, and has duly authorized and taken the <br /> necessary acts required (including all required <br /> approvals) prior to the execution and delivery of <br /> this Agreement; <br /> <br /> (b) This A~reement is the valid, legal and <br /> binding obligation of the Town; and <br /> <br /> (c) It has and will comply with all applicable <br /> laws and regulations to which it is subject in <br /> causing the acquisitionr construction, installation <br /> and equipping of the Project. <br /> <br /> Section 6. That County hereby represents and <br />warrants to the Town that: <br /> <br /> (a) It has the power to enter into this <br /> Agreement, and has duly au'thorized and taken the <br /> necessary acts required (including all required <br /> approvals) prior to the execution and delivery of <br /> this Agreement; and <br /> <br /> (b) This Agreement is the valid, legal and <br /> binding obligation of the County. <br /> <br /> Section 7. No failure or delay in exercising any <br />right hereunder on the part of any party hereto shall <br />operate as a waiver thereof, nor shall any single or <br />part~a] exercase by any party hereto of any r~ght <br />hereunder preclude any other further exercise of such <br />right or the exercise of any other right hereunder° <br /> <br /> 3 <br /> <br /> <br />