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<br />calibration shall be by replacement of the meter chamber with a factory <br />calibrated or recalibrated chamber from the meter manufacturer or equivalent. <br />Paris, at its cost, shall purchase for each meter in service on the Effective Date <br />a spare meter chamber that will be used as the initial replacement. The cost of <br />the annual calibration shall be divided equally between LCWSD and Paris. <br />Paris will notify LCWSD at least seventy-two (72) hours in advance of any <br />testing and/or calibration and LCWSD shall have the right to witness any such <br />testing. <br /> <br />b. Inaccuracy. In the event the percentage of accuracy for such metering <br />equipment is found to be within a tolerance of plus or minus two (2) percent, <br />such meter shall be deemed to have correctly measured the quantity of Treated <br />Water taken hereunder. If, however, such tolerance is found to be in excess of <br />plus or minus two (2) percent, then such meter shall be adjusted at once to <br />register correctly and accurately and the registration thereof shall be corrected <br />by the City's Director of Finance for a period extending back to the time when <br />such inaccuracy began, if such time is ascertainable. If such time is not <br />ascertainable, then registration thereof shall be corrected for a period <br />extending back one-half of the time elapsed since the last date of calibration, <br />but in no event further back than a period of six (6) months. <br /> <br />c. Meter Out of Service - No Readings. If any meter fails to register for any <br />period, the amount of Treated Water fumished during such period shall be <br />deemed to be the average of the correct readings for the same or equivalent <br />months in the preceding three years, or, if available and in lieu of said three <br />year average, based on such other method that would more accurately reflect <br />the actual consumption for the period in which the meter failure occurred as <br />mutually agreed upon by the City and LCWSD. <br /> <br />2.10 SOLE SUPPLY INTENDED. LCWSD and Paris agree that Paris shall provide the sole <br />source of Treated Water for the operation of the LCWSD system during the term of this <br />Agreement and the Parties do not construe this Agreement to provide for supplemental, <br />backup, peak load, or as-available service. If within the term of this Agreement LCWSD <br />ceases to take Treated Water from Paris because other water supplies have been <br />developed or acquired, LCWSD shall for the balance of this contract remain liable for <br />Capacity Charges at the Maximum Hour Capacity Demand level in effect at such <br />cessation. This obligation, once established, shall serve as liquidated damages and is <br />intended to compensate Paris for the expenditures incurred on LCWSD's behalf for the <br />cost of installation of treatment facilities. It is agreed by the Parties that such liquated <br />damages are a reasonable substitute for compensatory damages that are difficult or <br />impossible to calculate herein. This obligation is intended by the Parties not to be a <br />penalty, but instead, a reasonable measure of damages. <br /> <br />2.11 LCWSD'S REGULATORY REQUIREMENTS. LCWSD acknowledges and agrees <br />that this Agreement defines the extent of Paris' obligations to supply Treated Water to <br />LCWSD and that, except as expressly provided by this Agreement, Paris is under no <br /> <br />11 Paris/LCWSD Wholesale Treated Water Contract <br />