2002 AGN OCT 15 I21 - Laserfiche WebLink

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3.2 Amount of Water; Meter; Delivery Point. Subject to the other terms of this Agreement, each of the Parties agrees to make available to the other Party emergency water supplies necessary to assist the receiving Party to serve its customers. However, each Party understands and acknowledges that the other Party's primary responsibility is to serve its own stockholders or customers. Accordingly, each Parry shall have the absolute discretion to determine what amount of water, if any, to sell to the other Party in case of emergency. The Parties further agree that the precise quantity and pressure of water delivered from the selling Party to the purchasing Party may also vary due to climatological, water supply, system availability and other conditions. Water deliveries shall be metered by the selling Party. Water shall ordinarily be delivered through the interconnection between the facilities of the two Parties located at Riverside -Highland headquarters at 1450 E. Washington Street, Colton, CA 92324. Upon concurrence of the Parties, water may also be delivered at any other mutually agreeable location. 3.3 Request Procedure; Delegation of Authority to Approve Purchases. If one Party has an emergency and desires to purchase water from the other, the purchasing Party shall send a request to the selling Party. The request shall contain the proposed parameters and details of the transaction, including the amount of water requested, proposed delivery points and pressures, and the proposed delivery schedule. If the selling Party has or can make water available, concurs that an emergency situation exists, and desires to sell water to the purchasing Party, the details of the final transaction shall be negotiated and memorialized in writing by the Parties. For the purposes of this Agreement, the City's water and wastewater director and Riverside -Highland's general manager are hereby delegated express authority to negotiate and approve purchases. 3.4 Payments for Water. The Parties shall determine the price of the emergency water sale at the time of the transaction. Riverside -Highland shall charge no more than its actual cost to supply and deliver water. The rate charged by the City of Colton shall be equivalent to that charged by Riverside -Highland. During the course of any transaction, at the end of each month, the selling Party shall read the appropriate meter(s) and record the quantity of water that was actually delivered from the selling Party to the purchasing Party during the preceding month. The selling Party shall deliver a copy of such record and/or an invoice to the purchasing Parry reflecting the amount of water delivered and the price therefore. The purchasing Party shall pay the selling Party for all water that the selling Party delivered to the purchasing Party on or before the thirtieth (30th) calendar day after the purchasing Party receives the monthly invoice for such water from the selling Party. 3.5 Water Oualitv. All water supplied pursuant to this Agreement shall be of good and sufficient quality, and shall comply with any and all applicable standards and laws. Water sold for potable/public drinking water uses shall conform to all applicable local, state and federal drinking water laws and standards. 3.6 Interruption of Water Supply. The Parties acknowledge and agree that from time to time during the term of the Agreement it may be necessary for the selling Party to interrupt the flow of water to the purchasing Party. The selling Party retains the right, in its reasonable discretion, to interrupt the flow of water at any time for any reason; provided, however, that the selling Party shall exercise best efforts to minimize, to the extent possible, the frequency and duration of any such interruption. The selling Party will also exercise its best efforts to notify the purchasing Party at least 24 hours in advance of any substantial reduction or cessation of water supply deliveries to the purchasing Party. xvras\snv,\637266 - 2 -