07-I Tenaska III Water Service Contract

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VIII. Payment of Charges 8.1 Rates under Article VII of this Agreement, for PARTNERSHIP'S treated water consumption, shall be billed by the CITY on a monthly basis with such billing being rendered on or about the same day each month. PARTNERSHIP'S monthly payment shall consist ofthe volumetric charge for actual water plus one-twelfth ofthe Annual Demand Charge, plus any additional amount due as calculated under Article VII of this Agreement for an adjustment to the Maximum Day Demand. In the event PARTNERSHIP shall fail to make any payment required by this Agreement within twenty-one (21) days following the billing date, the CITY may suspend water service authorized by the Agreement after providing PARTNERSHIP'S five (5) working days written notice of its intention to suspend service. It is agreed that this paragraph shall supersede Sections 34-29 and 34-30 of the Code of Ordinances of the City of Paris, to the extent that they concern water service, as well as any other Code of Ordinance provisions with which it may conflict. IX. Miscellaneous Provisions 9.1 It is agreed that in the event and to the extent that fire, explosion, accident, war, act of God or the public enemy or any natural disaster prevents the performance of either party hereto, such party shall be relieved of the consequences thereof, and there shall be no liability for payment on the part of PARTNERSHIP or for failure to deliver potable water on the part of the CITY, notwithstanding any other provision of this Agreement, so long as and to the extent that performance is prevented by such cause; provided, however, that the parties shall use all due diligence in their efforts to resume performance at the earliest practical time. 9.2 This Agreement shall be subject to and in all things governed by Article V, Chapter 34 of the Code of Ordinances of the City of Paris, dealing with Drought Contingencies, or any other similar provisions as the same shall be adopted by the City dealing with water conservation, water curtailment, or drought contingencies. 9.3 As of January 1, 2006, this Water Service Contract will replace in its entirety the Original Water Service Contract dated March 13, 1989, as subsequently amended, including that extension of said Original Water Service Contract dated August 8, 2005, entered into between the CITY and PARTNERSHIP, and this Agreement shall be in force and effect for a period ending January 31, 2009. Thereafter, a new service contract will be negotiated, provided this Agreement shall remain in full force and effect for a period not to exceed twelve (12) months or until a new contract is negotiated, whichever event occurs first. If a new contract is not negotiated as provided herein, the rate charged for water shall be as established in the CITY'S current rate ordinance for non-residential customers. Ifthe cost of water to PARTNERSHIP under this Water Service Contract in a Rate Year exceeds the cost to PARTNERSHIP under the normal tariff rates for a Commercial Class 4-inch meter, CITY shall reimburse PARTNERSHIP for such difference. Tenaska III Water Service Contract - Page 7 - T-- i