Agmt 2006 American Golf Corp - Laserfiche WebLink

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(2) Judicial or regulatory orders which limit the availability of the recycled water (changes in water rights, treatment standards, use requirements, etc.); or (3) Equipment failure, Facilities maintenance or repair, or maintenance or repairs on Provider's wastewater treatment system, lasting more than 30 days such that Provider's or User's ability to deliver or make use of the recycled water is materially impacted; or (4) Total rainfall during the dry months of June through September that exceeds 2 inches, such that the need for artificial irrigation of the Golf Course is materially reduced. b. During all Qualifying Events, User shall be excused from taking delivery of the Minimunl Quantity, and its financial responsibility as provided in Sections 4 and 8 shall be reduced as a result of the Qualifying Event. The magnitude of any offset from the Minimunl Quantity shall be the incremental reduction in use of recycled water that occurred: (i) as a result of and in the quantity of higher quality water used for blending or flushing, (ii) as a result of excessive rainfall by comparing actual irrigation versus the average irrigation for the June through September period, based on User's historical irrigation records; or (iii) by the quantity of replacement \vater used in lieu of recycled water during the period vvhen recycled water was unavailable. 10. SITE SUPERVISOR. User agrees to designate a representative to be the "Site Supervisor" for the recycled water use on the Facilities. The Site Supervisor shall represent the User as a liaison with Provider and shall have the authority to carry out the appropriate use of recycled water, and any required related activities. Such required activities include those activities listed in Exhibit B, Applicant Responsibilities. Within 30 days of the Effective Date, User will designate a Site Supervisor and Provider will arrange for all training needed for the Site Supervisor. User shall notify Provider's Water Pollution Control Manager imlnediately of any change in the Site Supervisor. 11. ACCESS. a. Provider, or its agents, shall have reasonable access to the Property to verify compliance with this Agreement and all applicable laws regarding the use of recycled water as intended in this Agreement. Inspections shall occur at reasonable times during normal business hours. To the extent practical, Provider shall give User 24 hours advance notice of any intended inspection. b. Provider shall have routine access to inspect, operate and maintain the Facilities over which it has responsibility provided such access has no impact on use of the Golf Course. Provider agrees to provide at least 72 hours advance notice of any inspection, operation or maintenance events that may cause disruption of the use of any portion of the Golf Course. Provider and User agree to make every reasonable effort to both accommodate Provider's access needs and to reduce the impact on the use of the Golf Course to the maximum extent practical. Provider shall have unqualified access during emergencies. 5 Recycled Water Service Agreement SB 404097 v201 09600008 8/7 /06