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197 <br /> <br /> Whereas, by Motion of the Water & Sewer District Commissioners of <br />the Purchaser, enacted on the 18th day of March, 1985, the purchase of <br />water from the Seller in accordance with the terms set forth in the <br />said Motion was approved, and the execution of this contract by the <br />Chairman, Water & Sewer District, and attested by the Secretary was <br />duly authorized; <br /> <br /> Now, therefore, in consideration of the foregoing and the mutual <br />agreements hereinafter set forth, <br /> <br />A. The Seller A~e~s: <br /> <br /> 1. (Quality and Quantity) To furnish the Purchaser at the point of <br />delivery hereinafter specified, during the term of this contract or any <br />renewal or extension thereof, potable treated water meeting applicable <br />purity standards of the State of North Carolina in such quantity as may <br />be required by the Purchaser not to exceed 30,000,000 gallons per month. <br /> <br /> 2. (Point of Delivery and Pressure) That water will be furnished <br />at a reasonably constant pressure calculated at see Attach. No. 1 from <br />an existing inch main supply at a point located If <br />a greater pressure than that normally available at the point of delivery <br />is required by the Purchaser, the cost of providing such greater <br />pressure shall be borne by the Purchaser. Emergency failures of <br />pressure or supply due to main supply line breaks, power failure, flood, <br />fire and use of water to fight fire, earthquake or other catastrophe <br />shall excuse the Seller from this provision for such reasonable period <br />of time as may be necessary to restore service. <br /> <br /> 3. (Metering Equipment) To furnish, install, operate, and maintain <br />at its own expense at point of delivery, the necessary metering equipment, <br />including a meter house or pit, and required devices of standard type <br />for properly measuring the quantity of water delivered to the Purchaser <br />and to calibrate such metering equipment whenever requested by the <br />Purchaser but not more frequently than once every twelve (12) months. <br />A meter registering not more than two percent (2%) above or below the <br />test result shall be deemed to be accurate. The previous readings of <br />any meter disclosed by test to be inaccurate shall be corrected for <br />the six (6) months previous to such test in accordance with the percentage <br />of inaccuracy found by such tests. If any meter fails to register for <br />any period, the amount of water furnished during such period shall be <br />deemed to be the amount of water delivered in the corresponding period <br />immediately prior to the failure, unless Seller and Purchaser shall agree <br />upon a different amount. The metering equipment shall be read on last <br />day of month. An appropriate official of the Purchaser at all reasonable <br />times shall have access to the meter for the purpose of verifying its <br />readings. <br /> <br /> 4. (Billing Procedure) To furnish the Purchaser at the above <br />address not later than the last day of each month, with an itemized <br />statement of the amount of water furnished the Purchaser during the <br />preceding month. <br /> <br />B. The Purchaser A~re~s: <br /> <br /> 1. (Rates and Payment Date) To pay the Seller, not later than <br />the day of each month, for water delivered in accordance with <br />the following schedule of rates: <br /> <br />$1.20 for the first 3,000 gallons, which amount shall also <br />be the minimum rate per month. <br />$1.26 cents for 1000 gallons for water in excess of 3,000 <br />gallons but less than 37,500 gallons. <br />$0.63 cents per 1000 gallons for water in excess of 37,500 <br />gallons. <br /> <br /> 2. (Connection Fee) To pay as an agreed cost, a connection fee <br />to connect the Seller's system with the system of the Purchaser, the <br />sum of see Attach. 2. dollars which shall cover any and all costs of the <br />Seller for installation of the metering equipment and <br /> <br /> <br />