11 - Water Service Agreement with Paris Generation LP

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PGEN'S expense maintain the 12 -inch service line and valves beginning at the valve nearest the tap, and all pipe and valves between the tap and the Meter, excluding the valves immediately at the meter. PGEN shall at PGEN'S expense maintain meter isolation valves immediately at the Meter and the Meter emergency by-pass valves. PGEN shall maintain at all times, in working order, a back-flow prevention device approved by CITY, which device can be used for protecting CITY'S system from contamination in the event of PGEN'S system becoming contaminated, or in the event the integrity of PGEN'S system is violated. CITY shall provide PGEN with at least a 48-hour notice prior to any scheduled repairs to the Plant's water supply distribution system. 7.2 CITY'S representative may regularly inspect the Meter and report when the same is known or suspected.to be registering incorrectly. The Meter shall be repaired by a service representative qualified to work on the Meter being repaired. In the event the Meter must be replaced, CITY will determine a replacement meter and the method of replacement. The cost of maintenance or repair will be apportioned in accordance with Paragraph 5.1. 7.3 CITY'S representative assisted by a service representative qualified to work on the Meter being repaired, will annually during each calendar year, test the accuracy and performance of the Meter and will calibrate the Meter measuring PGEN'S consumption, to verify its accuracy. CITY may, at its discretion, choose to calibrate the Meter more frequently, if conditions so warrant. The cost of the calibration will be apportioned in accordance with paragraph 5.1. A representative of PGEN will be notified in advance of any testing and/or calibration of the Meter and shall have the right to witness any such testing. All testing of the Meter will be performed by a qualified representative or mutually agreed upon testing service. 7.4 When it is determined that the Meter measuring PGEN'S consumption has registered incorrectly, an estimate of the amount of water furnished through the faulty Meter shall be prepared by CITY'S Director of Finance for the purpose of billing PGEN. The estimate shall be based upon such method (such as a water usage measurement correlated to actual electrical generation) which would most accurately reflect the actual consumption for the period in which the Meter failure occurred as mutually agreed upon by the City Manager of CITY and Plant Manager of PGEN. 7.5 For the Meter to be determined as "registering incorrectly," the Meter must be found to be in error by plus or minus two and a half percent (2.5%), or greater. If the degree of error is plus or minus two and a half percent (2.5%), or greater, then the estimated amount of water furnished to PGEN will be calculated as stated in paragraph 7.4. VIII. Rates 5