BC 1989 04 19 - Laserfiche WebLink

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96 CONCORD and CABARRUS with regard to the sale of treated water by CONCORD to CABARRUS. 2. Duration of Agreement. The duration of this Agreement is forty (40) years, which term shall be automatically renewed for successive periods of twenty (20) years each, unless amended or terminated as to executory matters in the manner set forth in Paragraph 7 of this Agreement. 3. Acknowledgment of Floor Amount for CABARRUS. As acknowledgment to CABARRUS of its existing authority for receipt of treated water from Hillgrove pursuant to the 1988 Water Supply Agreement, and continuing authorization therefor, effective with the execution of this Agreement, CONCORD hereby reserves and grants to CABARRUS a right of first refusal to one million five hundred thousand (1,500,000) gallons per day of the rated capacity of Hillgrove (or any such water filter facility owned or operated by CONCORD, its successors or assigns) (the "Floor Amount" for CABARRUS) at the rate set forth in Paragraph 5, but such amount shall not be accumulated. 4. Additional Treated Water Authorization. Effective with the execution of this Agreement, in addition to the Floor Amount, CONCORD grants to CABARRUS, together with other customers, the non-exclusive, continuing right and authority to consume and receive treated water from CONCORD/Hillgrove to the extent of the available rated capacity thereof, at the rate set forth in Paragraph 5. CONCORD shall not unreasonably or arbitrarily withhold delivery of amounts of treated water in excess of the Floor Amount. It is, however, specifically PROVIDED THAT: (a) The treated water furnished and delivered to CABARRUS by CONCORD shall be of a quality consistent with or exceeding all applicable federal and state regulatory standards, including, but not limited to, the Federal Safe Drinking Water Act and the North Carolina Drinking Water Act (N.C.G.S. 130Ao311, et sec., as presently existing or subsequently amended; and (b) Notwithstanding the foregoing, CONCORD shall not be liable to CABARRUS, in damages or otherwise, for the failure to furnish treated water, as set forth herein, or for the quality of same, arising from the existence of a condition or conditions that objectively preclude the delivery of treated water to any customer of CONCORD, e.g. contamination, equipment failure, act of God, or like conditions beyond the control of CONCORD. 5. Treated Water Charge. For all treated water sold or delivered by CONCORD to CABARRUS or received by CABARRUS from CONCORD pursuant to this Agreement or otherwise (and whether included in the Floor Amount or otherwise), CONCORD shall charge CABARRUS no more than the lowest/best treated water rate (whether denominated bulk, industrial, institutional, commercial, residential or otherwise) which CONCORD charges to any of its customers (the "Treated Water Charge"), PROVIDED THAT: (a) the Treated Water Charge may increase or decrease due to debt service, capital outlays, maintenance and operation costs; (b) if the Treated Water Charge is a graduated rate based upon the amount of usage in any billing period, CABARRUS shall be subject to the same graduated rate schedule; (c) CONCORD shall notify CABARRUS of any change in the Treated Water Charge at least thirty (30) days prior to the effective date thereof; (d) CONCORD shall bill CABARRUS in accordance with its · establtshed billing cycle based upon readings from metering stations heretofore or hereafter installed. CABARRUS shall pay said bills within thirty (30) days of, receipt. Upon failure of payment, CONCORD may discontinue supplying treated water upon ten (10) days' written notice to CABARRUS; and (e) CONCORD shall maintain complete and accurate records of flow from all metering points. At all times, CABARRUS shall have access to such flow measurement facilities for the purpose of review of the accuracy of readings therefrom. 6. Effect Upon the 1988 Water Supply Agreement. Except as otherwise ratified herein, upon execution by CONCORD and CABARRUS, this Agreement shall cancel and supersede the 1988 Water Supply Agreement in its entirety.