25-AGREEMENT BETWEEN THE CITY OF PARIS AND DAISY FARMS

Home Browse Search

If Paris is not notified in writing, with such notice being postmarked within twenty (20) days of Daisy Farnis' receipt of said statement, said protest or dispute shall be considered waived. The Parties agree to negotiate in good faith to resolve the dispute. If necessary, the Parties agree to submit the dispute to non-binding mediation as provided in Section 12.1 of this Agceement. (b) Inspection and Audit. The Pai•ties shall maintain complete records and accounts related to all transactions under this Agreement, including any chargcs or fees directly or indirectly charged to Daisy Farms hereunder, for a period of three (3) years from and after each such transaction. Each Party and its representatives shall at all times, upon notice, have the right to examine and inspect, including making copies thereof at requestor's expense, said records and accounts during normal business hours. If required by any law, rule or regulation, a Party shall make said records and accounts available to federal and/or state auditors. ARTICLE 6 Treated Water Transmission Line 6.1 Treated Water Transmission Line Ownership and Opcration. Paris shall own, operate, and inaintain the Treated Water Transmission Line up to the Delivery Point. Reasonable operation, maintenance and capital costs, including reasonable costs associated with Meter reading and data transmission, in each case, specifically attributable to the "1'reated Water Transmission Line shall be directly assigned to Daisy Farms for purposes of the Cost of Service Study, provided that (i) all capital costs associated with the construction of the Treated Water 'I'ransmission Line which are paid by Daisy Farms shall not be assigned to Daisy Farms for purposes of the Cost of Service Study, and (ii) the "I'reated Water Transmission Line shall not be included in the transmission lines used to allocate operation and maintenancc expenscs and debt service for purposes of the Cost of Service Study. Pacis shall exercise due diligence in accounting for the directly assigned costs in Paris' accounting system to accurately track the costs directly assigned to Daisy Farms. Notwithstanding the foregoing, should Paris provide water service to customers other than Daisy Farms via the Treated Water Transmission Line, operation, maintenance, and capital costs specifically attributable to the Treated Water Traiismission Line shall be included as part of the Paris Treated Water System system-wide costs for the Cost of Service Study. ARTICLE 7 Restrictions and Conditions 7.1 Resale of Treated Water. Daisy Farms and Paris agree that the Treated Water supplied to Daisy Farms by Paris shall be used solely by Daisy Farms to meet the reasonable water supply needs of its dairy farm operations in Lainar County, Texas and shall not be used for resale. 7.2 Water Conservation and Demand Management. (a) Water Conservation. Daisy Farms agrees to comply with Paris' Water Conservation Plan. (b) Demand Management. Daisy Farms agrees to comply with Paris' Drought Contingency Plan. Daisy Farms shall receive substantially similar treatment with respect to such conservation or rationing measures as those imposed on other large volume retail Treated Water customers of Paris. Page 12 of 23 209