25-AGREEMENT BETWEEN THE CITY OF PARIS AND DAISY FARMS

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flow for said Meter(s) under similar conditions. In the event that Daisy Farms and Paris cannot agree on the extrapolated estimate of Treated Water volume delivered before the paymeut due date, Daisy Farms shall make payment to Paris based on the same month in the previous year on or before the payment due date. After making such payment, Daisy Farms may request that the nzatter be submitted to non-binding mediation as provided herein. Paris may also request that the matter be submitted to non-binding mediation, as hereinafter provided. 4.4 Meter Reading. (a) Paris shall read all Meter(s) provided for herein at monthly intervals, and Daisy Farms and Yaris shall have free access to read these respective Meter(s) daily, if either Party so desires. It shall be the duty of both Daisy Farms and Paris to give immediate notice, each to the other, should any Meter(s) be found to not be fiinctioning properly, and, upon such notice, repairs to such Meter(s) shall be made promptly. (b) llaisy Farms shall have access to records on the Metei•(s) readings during reasonable business hours and shall be furnished a copy of readings upon request. 4.5 Additional Testing of the Meter(s). Daisy Farms shall havc the right to request Paris to test any Meter(s), but no more frequently than once per month. Upon any such request, Paris agrees to perform its testing and calibration of the Meter(s) with notice to Daisy Farms, and the Parties shall be entitlcd to jointly observe any testing, calibration, and adjustments that are made to the Meter(s), in the event such niodifications shall be necessary. For such additional testing requests, Paris shall give Daisy Fai•ms notice forty-eight (4$) hours in advance of the time when any such testing shall occur. Daisy Farms shall pay the cost of any such additional testing request for any Meter(s) if the test shows that such Meter(s) is accurate (within five percent (5%) registration), but Paris shall pay the costs of such additional test if the results indicate that such Meter(s) is not accurate (in excess of five percent (5%) registration). ARTICLE 5 Fees, Billing, and Payment 5.1 Charges for Water. (a) Treated Water. Daisy Farms shall pay to Paris the Volume Charge for the Treated Water delivered in accordance with this Agreement. 5.2 Water Rates. (a) Initial Rate. Upon the Effective Date of this Agreement and during thc Initial Rate Period the Volume Rate shall be: Vo11m1e Rate -$1.20 per 1,000 gallons (b) Secondary Rate Term. The Volume Rates during the Secondary Rate "1'erm shall be ca(culated annually pursuant to a Cost of Service Study; however, for each given year during the Secondai•y Rate Term, the Volume Raie charged to Daisy Farms shall not exceed the Projected Cost of Service Rate for the corresponding year for Years 6 through 10 as shown on Exhibit B. (c) Final Rate Term. The Volume Rates during the Final Rate Term shall be calculated annually pursuant to a Cost of Service Study as described in Section 5.3(d) below. Page 9 of 23 _ ~ 206