Agmt 2006 American Golf Corp - Laserfiche WebLink

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6. OPERATION AND MAINTENANCE. a. Provider shall be responsible for all operation, maintenance and repair of all the Facilities upstream of the inlet side of the outlet valve downstream of the chlorine contact pipe ("Point of Connection"). b. User shall be responsible for all operation, maintenance and repair of the Facilities fron1 and including the Point of Connection and downstream throughout the Golf Course. 7. WATER QUALITY. Provider agrees that the recycled water delivered pursuant to this Agreement will conform to all applicable local, state and federal laws, rules and regulations regarding use of recycled water for Golf Course irrigation. Provider makes no further warranty regarding the quality of recycled water. User understands that use of recycled water is restricted and agrees to use it only upon the Golf Course, and in accordance with all applicable laws, regulations, and rules. 8. QUANTITY. a. Except as expressly provided in Section 9, Provider agrees to supply and User agrees to take delivery of a minimum of 290 acre feet of recycled water each calendar year ("Minimum Quantity"). The amount of recycled water received by User shall be determined by monthly meter readings performed by the Provider. b. If user fails to take the Minimum Quantity in a calendar year, for reasons other than those Qualifying Events described in Section 9, Provider may charge a single payment, at the end of the applicable calendar year, to recover the difference in revenue that would have been generated from the Minimum Quantity versus the actual quantity of use. c. Except as may be coordinated between Provider and User, User shall make every effort to limit its use of the recycled water to periods when the potential presence of golfers on the Golf Course is at a minimum (between dusk and dawn). Recycled water will be made available year round and will not be rationed to User during any potable water sholiage emergency, other potable water shortage conditions or other drought conditions that otherwise might impact Provider's potable water customers. 9. INTERRUPTION OF DELIVERY. a. Events may occur which would prevent Provider from delivering all or some portion of the recycled water to the User or User from making full use of the Minimum Quantity if it is available ("Qualifying Events"). Provider shall be relieved of the responsibility for delivering recycled water to User or User may be relieved of taking the full Minimum Quantity during Qualifying Events. Qualifying Events shall include: (1) Acts of God (earthquakes, floods, etc.); or 4 Recycled Water Service Agreement SB 404097 v20 109600008 8/7 (06