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541 <br /> <br />Pump Station and pump raw water through the Existing Raw Water Line. <br />CABARRUS warrants and guarantees that to the maximum extent possible no <br />aspect of the construction of the Reservoir shall unreasonably interfere with <br />CONCORD's pumping and transmission operations and that the General Conditions <br />for the construction of the Reservoir shall include such a provision. <br /> <br /> 8. Pumping and Transmission Facilities Upon Completion of Construction. <br />Upon completion of construction of the Reservoir, CABARRUS shall assume the <br />operation and maintenance of the Existing Pump Station and/or any new pumping <br />station (the "New Pump Station") to be engineered and constructed within or <br />in the vicinity of the dam of the Reservoir. CONCORD hereby authorizes <br />CABARRUS to connect any New Pump Station to the Existing Raw Water Line. <br />After completion of the Reservoir, any water drawn through the Existing Pump <br />Station and/or any New Pump Station and/or pumped through the Existing Raw <br />Water Line shall be deemed to have been drawn from the Reservoir. <br /> <br /> 9. Residual Water Rights. CABARRUS shall not sell or deliver all or <br />any portion of the Floor Amount to any other customer of CABARRUS without the <br />prior written approval of CONCORD (except on an emergency basis and then only <br />for 72 hours or less), which approval shall not be unreasonably withheld; <br />PROVIDED that prior to CONCORD's approval, CABARRUS shall provide information <br />to CONCORD with regard to such delivery of reserved raw water, including, but <br />not limited to, the duration of the proposed contract, the amount of raw <br />water to be sold, and the compensation, if any, to CONCORD. <br /> <br /> 10. Method of Amendment/Termination of. Agreement. This Agreement may be <br />amended or terminated only by a vote of the majority of the members of each <br />of the respective governing boards of CONCORD and CABARRUS. <br /> <br />11. Warranties. CONCORD and CABARRUS hereby warrant and represent that: <br /> <br /> (a) Execution of this Agreement and full performance of its own <br />obligations hereunder are fully authorized by law; <br /> <br /> (b) Each has complied or will comply with all procedures necessary to <br />render its execution of this Agreement and the performance of its obligations <br />hereunder as valid, legal and binding acts of CONCORD or CABARRUS, <br />respectively; <br /> <br /> (c) Ail contracts for work to be done in connection with the <br />construction of the Reservoir will be performed in accordance with the laws <br />and regulations to which CONCORD and CABARRUS are subject, expressly <br />including, but not limited to, the public bidding laws of the State of North <br />Carolina. <br /> <br />12. Miscellaneous. CONCORD and CABARRUS further say that: <br /> <br /> (a) No failure or delay in exercising any right hereunder on the part <br />of either party shall operate as a waiver thereof, nor shall any single or <br />partial exercise by either party of any right hereunder preclude any other <br />further exercise thereof or the exercise of any other right; <br /> <br /> (b) Ail representations and warranties made herein shall survive the <br />making of any payment or payments pursuant hereto; <br /> <br /> (c) Except as modified by separate written agreement of CONCORD and <br />COUNTY and/or termination as provided herein, this Agreement shall be binding <br />upon and enure to the benefit of CONCORD and CABARRUS, and their respective <br />successors and assigns. <br /> <br /> IN WITNESS WHEREOF, CONCORD and CABARRUS have executed this Agreement <br />the day and year first above written. <br /> <br />ATTEST: <br /> <br />CITY OF CONCORD, NORTH CAROLINA <br />By: <br /> <br />Mayor <br /> <br />Clerk <br /> <br /> <br />