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2006-075-RES-LAMAR CO. WATER SUPPLY DISTRICT
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2006-075-RES-LAMAR CO. WATER SUPPLY DISTRICT
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8/18/2006 4:26:32 PM
Creation date
5/10/2006 11:56:41 AM
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CITY CLERK
Doc Name
2006
Doc Type
Resolution
CITY CLERK - Date
5/8/2006
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<br />days. Action taken under this sub Article does not relieve LCWSD from its <br />obligation to pay the monthly Demand Charge and Capacity Charge. <br /> <br />4.9 REGULATORY REQUIREMENTS. This Agreement is subject to Regulatory <br />Requirements. However, nothing contained in this Agreement shall be construed as a <br />waiver of any right to question or contest any law, ordinance, order, rule or regulation in <br />any forum having jurisdiction, and Paris and LCWSD each agree to make a good faith <br />effort to support proposed laws and regulations that would be consistent with the <br />perfOlmance of this Agreement in accordance with its tenns. Paris and LCWSD agree to <br />secure all Approvals as necessary and to maintain compliance with all their Approvals as <br />necessary to fulfill their obligations hereunder in compliance with all Regulatory <br />Requirements. <br /> <br />ARTICLE V - TERM <br /> <br />5.1 TERM. The tenn of this Agreement is twenty (20) years from the Effective Date unless <br />earlier tenninated in accordance with the provisions hereof. LCWSD agrees that Paris <br />has no duty or obligation to provide Treated Water, or any other type of water, to <br />LCWSD after expiration or tennination of this Agreement. <br /> <br />5.2 RENEWAL. This Agreement may be renewed and extended for up to four successive <br />periods of five (5) years each upon mutual written agreement by the Parties to extend the <br />tel111 of this Agreement. If LCWSD desires to extend this Agreement, it will provide <br />written notice of its request to renew the Agreement at least one (1) year prior to the <br />te1l11ination date of the Agreement. If at least one (l) year prior to the expiration date of <br />this Agreement or its subsequent extension LCWSD has not provided Paris notice that it <br />intends to renew, LCWSD shall provide Paris evidence that LCWSD has secured an <br />alternative and sufficient water supply. This requirement is enforceable by specific <br />perfonnance. <br /> <br />ARTICLE VI - EVENTS OF DEFAULT; TERMINATION <br /> <br />6.1 DEFAULT BY LCWSD. In addition to the other tennination provisions of this <br />Agreement, each of the following events or conditions shall constitute an "Event of <br />Default" by LCWSD hereunder for which Paris may te1l11inate the Agreement as <br />provided in Article 6.4: <br /> <br />(a) LCWSD fails to observe or perfonn any of its covenants or material duties or <br />obligations contemplated by this Agreement, and such failure is not cured within <br />thirty (30) days after notice thereof from Paris; <br /> <br />(b) LCWSD (i) files a petition or otherwise commences, authorizes or acquiesces in <br />the commencement of a proceeding or cause under any bankruptcy or similar law <br />for the protection of creditors, or have such petition filed against it, and such <br /> <br />19 Paris/LCWSD Wholesale Treated Watcr Contract <br />
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