2009-069-RES-Approving and accepting the terms and conditions of a water service contract between Paris and Marvin-Jennings-Clardy Water Corp.

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become delinquent after the expiration of twenty-one (21) days following the billing date. In the event MJC 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 this Agreement after providing MJC five (5) working days written notice of its intention to suspend service. It is agreed that this section shall supersede Section 34-30 of the Code of Ordinances of the City of Paris, as well as any other City Ordinances that may conflict with this section. X. Force Ma,jeure 10.1 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 parry shall be relieved of the consequences thereof, and there shall be no liability for the CITY's failure to deliver potable water during the force majeure event or for MJC's failure to meet its contractual requirements during the force majeure event; provided, however, that the parties shall use all due diligence in their efforts to resume performance at the earliest practical time. 10.2 No officer, official or agent of the CITY has the power to amend, modify or alter this agreement or waive any of its conditions or to bind the CITY by making any promise or representation not contained herein without action by the Paris City Council. 10.3 This Agreement, except by operation of law, shall not be assigned or transferred by either party, without the prior written consent of the other party. 10.4 The CITY will not be responsible in damages for any interruption or failure to supply water and shall be saved and held harmless from all damage of any kind, nature and description which may arise as a result of making this agreement and furnishing water hereunder, except where the CITY has the ability to supply the water and refuses so to do. 10.5 Any written notice required or permitted under the terms of this Agreement shall be given and be deemed to have been duly served if either (1) delivered in person, or (2) deposited certified mail, return receipt requested, postage prepaid in the United States mail, addressed to the designated representative of the respective parties which are Water Service Contract - Page 5 of 8