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2004-067-RES AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A WATER PURCHASE CONTRACT WITH THE CAMPBELL SOUP COMPANY
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2004-067-RES AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A WATER PURCHASE CONTRACT WITH THE CAMPBELL SOUP COMPANY
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8/18/2006 4:27:26 PM
Creation date
4/27/2004 1:49:56 PM
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CITY CLERK
Doc Name
2004
Doc Type
Resolution
CITY CLERK - Date
4/12/2004
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<br />taken plus one-twelfth of the Annual Demand Charge, plus any additional amount due as calculated <br /> <br />under Article VII of this Agreement for an adjustment to the Maximum Day Demand. In the event <br /> <br />CAMPBELL shall fail to make any payment required by this Agreement within twenty-one (21) days <br /> <br /> <br />following the billing date, the CITY may suspend water service authorized by the Agreement after <br /> <br />providing CAMPBELL five (5) working days written notice of its intention to suspend service. It is <br /> <br /> <br />agreed that this paragraph shall supersede Sections 34-29 and 34-30 of the Code of Ordinances of the <br /> <br /> <br />City of Paris, to the extent that they concern water service, as well as any other Code of Ordinance <br /> <br /> <br />provisions with which it may conflict. <br /> <br /> <br />IX. Force Majeure and Contract Administration <br /> <br /> <br />9.1 It is agreed that in the event and to the extent that fire, explosion, accident, war, act of God <br /> <br /> <br />or the public enemy or any natural disaster prevents the performance of either party hereto, such party <br /> <br />shall be relieved of the consequence thereof, and there shall be no liability for payment on the part of <br /> <br /> <br />CAMPBELL or for failure to deliver potable water on the part of the CITY, notwithstanding any other <br /> <br /> <br />provision of the Agreement, so long as and to the extent that performance is prevented by such cause; <br /> <br /> <br />provided, however, that the parties shall use all due diligence in their efforts to resume performance at <br /> <br />the earliest practical time. <br /> <br /> <br />9.2 This Agreement shall be subject to and in all things governed by Article V, Chapter 34 of <br /> <br /> <br />the Code of Ordinances of the City of Paris, dealing with Drought Contingencies, or any other similar <br /> <br /> <br />provisions as the same shall be adopted by the City dealing with water conservation, water curtailment, <br /> <br /> <br />or drought contingencies. <br /> <br />9.3 This Water Purchase Contract will replace in its entirety the Water Purchase Contract dated <br /> <br /> <br />October 1, 1993, entered into between the CITY and CAMPBELL, and this Agreement shall be in <br /> <br /> <br />force and effect for a period of three (3) years in addition to the Initial Period as defmed in Paragraph <br /> <br />Water Purchase Contract - Page 9 <br />
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