BC 1995 05 08 - Laserfiche WebLink

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406 1. Purpose. The purpose of this Agreement is to establish a basis for cooperation between CABARRUS and HARRISBURG with regard to the sale of treated water by CABARRUS and HARRISBURG. 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 8 of this Agreement. 3. Treated Water Authorization. Effective with the execution of this Agreement, CABARRUS grants to HARRISBURG, together with other customers, the non-exclusive, continuing right and authority to consume and receive treated water from CABARRUS to the extent of the availability thereof to CABARRUS at the rate set forth in Paragraph 4. CABARRUS shall not unreasonably or arbitrarily withhold delivery of such amounts of treated water. It is, however, specifically PROVIDED THAT: (a) The treated water furnished and delivered to HARRISBURG by CABARRUS 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. 130A-311), et sec., as presently existing or subsequently amended; and (b) Notwithstanding the foregoing, CABARRUS shall not be liable to HARRISBURG, 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 GABARRUS, e.g., contamination, equipment failure, act of God, or like conditions beyond the control of CABARRUS. 4. Treated Water Charge. For all treated water sold or delivered by CABARRUS to HARRISBURG or received by HARRISBURG from CABARRUS pursuant to this Agreement or otherwise, CABARRUS shall charge HARRISBURG no more than the rate CABARRUS charged to HARRISBURG effective upon the date of the HARRISBURG LOOP Agreement, t.e, the sum of One Dollar ($1.00)~per thousand gallons of treated water (the "Treated Water Charge"), PROVIDED THAT: a) The Treated Water Charge may increase or decrease due to maintenance and operation costs and/or the purchase rate of treated water of CABARRUS from its supplier, the City of Concord; b) if the Treated Water Charge is a graduated rate based upon the amount of usage in any billing period, HARRISBURG shall be subject to the same graduated rate schedule; c) CABARRUS shall notify HARRISBURG of any change in the Treated Water Charge on or before June 1 of any calendar year for imposition effective July 1 of any calendar year; d) GABARRUS shall bill HARRISBURG in accordance with its established billing cycle based upon meter readings provided by HARRISBURG. HARRISBURG shall pay said bills within thirty (30) days of receipt. Upon failure of payment, CABARRUS may discontinue supplying treated water upon ten (10) days' written notice to HARRISBURG; and e) HARRISBURG shall maintain complete and accurate records of flow from all metering points. At all times, GABARRUS shall have access to such flow measurement facilities for the purpose of review of the accuracy of readings therefrom. 5. Operation and Maintenance. CABARRUS and HARRISBURG shall be responsible for all operation and maintenance of facilities within their individual services area. 6. Interruption of Service. Whenever practicable, CABARRUS shall provide at least twenty-four (24) hour notice prior to any interruption of service necessary for the HARRISBURG customers due to a planned interconnection installation, maintenance outage or other foreseeable interruption of service. Information as to the duration and extent of interruption will be provided within the notice. When interruptions of service are due to emergency situations which cannot be foreseen, HARRISBURG will be notified as soon as possible as to the estimated duration and extent of the interruption.