25-AGREEMENT BETWEEN THE CITY OF PARIS AND DAISY FARMS

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Agreement. Said Meter shall be specified by Paris and meet appropriate AWWA standards. Said Meter(s) shall be installed and tested prior to actual water delivery. The Meter aud related equipment shall be solely owned, operated, and maintained by Paris. 4.2 Rate of Flow Controllers. Subject to the requirements in Section 3.1(c), tlie rate at which Treated Water is withdt•awn by Daisy Farms from the Paris Treated Water System may be regulated by rate of flow controllers, at Paris' sole option, to protect the integrity of the Paris Treated Water System and to allow Paris at all times to maintain a minimum pressure as rcquired by law at all retail service locations directly served by the Paris Treated Water System. Rate of Flow setting shall be solely operated and maintained by Paris. 4.3 Calibration of Meters. (a) Annual Testing. For Meters that require calibration, Paris shall routinely test for accuracy at its sole cost which shall be included in the Costs of the System. Meters shall be serviced and tested per manufacturer's recommendations, or as necessary. Copies of the results of such tests and all related information shall be provided upon request to Daisy Farms within thirty (30) days of request. Daisy Farms shall havc access to the Meter(s) at all reasonable times; provided, however, that any reading, calibration or adjuslment to such Meter(s) shall be doile by employees or agents of Paris, or other mutually approved third party calibration agent, in the presence of representatives of Daisy Farms and Paris, if so requested by Daisy Farms. Paris shall provide Daisy Farms with scventy-two (72) hours prior written notice of such reading, calibration or adjustment. Paris shall retain the right to test the Meter(s) more fi•equently than once each twelve (12) month period; provided, such additional tests are at Yaris' sole cost and shall not be included in the Costs of the System. (b) Inaccuracy. Upon any calibration, if it is determined that the accuracy envelope of such Meter(s) is f'ound to be lower than ninety-five percent (95%) or higher than one hundred five percent (105%) expressed as a percentage of the full scale of the Meter(s), theu the registration of the flow as determined by such defective Meter(s) shall be corrected for a period extending back to the time such inaccuracy began, if such time is ascertainable; or, if such time is not ascertainable, then for a period extending baek one-half (1/2) of the time elapsed since the date of the last calibration, but in no event further back than a period of six (6) months, In the event it is determined that there are inaccuracies with the Meter(s), Paris shall debit or credit Daisy Farms' invoice in the subsequent month, as appropriate, to rellect Daisy Farms' prior overpayments or underpayments. Paris shall debit or credit Daisy Farms' accouilt in an amount eqtial to the difference between the amount actually paid by Daisy Farms and the amount that should have been paid by Daisy Farms, as determined by the corrected registration of the flow of the inaccurate Meter(s) during the period of inaccuracy as determined in this subsection. The Meter(s) shall be properly sealed, and the seals siiall not be broken unless representatives of both Daisy Farms and Paris have been notified and given a reasonable opportunity to be present. (c) Meter out of Service - No Readings. If the Meter(s) used to determine the flow of Treated Water to Daisy Farms is out of service or out of repair so that the amount of Treated Water metered cannot be ascer•tained or computed fi•om the reading thereof, the Treated Water delivered during the period such Meter(s) is out of service or out of repair shall be estimated and agreed upon by Daisy Farms and Paris upon the basis of the best data available. The basis for estimating such flow includes, but is not limited to, extrapolation of past patterns of Page 8 of 23 205