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25-AGREEMENT BETWEEN THE CITY OF PARIS AND DAISY FARMS
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08 August
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08/22/2011
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25-AGREEMENT BETWEEN THE CITY OF PARIS AND DAISY FARMS
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CITY CLERK
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7.3 Temporary Rationing. Where an Einergency may dictate teinporary conservation or rationing <br />requirements for Paris, Paris may implement any measures considered appropriate by it to alleviate <br />the Emergency. <br />7.4 Federal and State Laws. This Agreement is subject to all applicable federal and state laws and any <br />applicable permits, amendments, orders, or regulations of any state or federal governmental <br />authority having or asserting jurisdiction, but nothing contained herein shall be construed as a <br />waiver of aiiy right to question or contest any such law, order, rule or regulation in any forum <br />having jurisdiction. Daisy Farms agrees to abide by any changes in this Agreement made necessary <br />by any new, amended, or revised state or federal regulation. <br />7.5 Support of Paris on Yermits and Governmental Agency Approvals. Daisy Farms shall use <br />coinmercially rcasonable efforts to suppot-t and assist Paris in obtaining permits and approvals from <br />governmenlal agencies in order to protect, repair, maintain, replace, add to, supplement and/or <br />enlarge the Paris Raw Water System and/or the Paris Treated Water System. Such support and <br />assistance shall include, but is not limited to: providing information to Paris wheii requested by <br />Paris in order to facilitate any permit or approval; providing written and oral statements of support <br />and assislance oc• testimony, information, and evidence if appropriate and if requested by Paris in <br />order to obtain any permit or approval; and taking all such other action as may be appropriale to <br />support and assist Paris in obtaining any permit or approval. <br />ARTICLE 8 <br />Term of Agreement and Extension <br />8.1 Term of Agreement. Unless terminated as provided in tliis Agreement, this Agreement shall <br />commence upon the Effective Date and shall remain in effect for a term of twenty (20) years. <br />8.2 Renewal of Agreement. <br />(a) Daisy Farrns shall have the option to renew this Agreement for a quantity of Water and at a <br />rate as inay be mutually agreed in writing by the Parties. In the absence of renewal, and <br />except as specifically provided to the contrary, this Agreement and the obligations of this <br />Agreement shall end on the Expiration Date. Daisy Farms expressly acknowledges that it <br />has no righl or entitlement to Raw Water or Treated Water from Paris after the expiration of <br />this Agreement except to the exteilt that this Agreement is renewed as provided herein. <br />(b) Daisy Farms is requircd to give notice of its intent to renew this Agreement at least five (5) <br />years prior to the Expiration Date. Yaris and Daisy Farms expressly agree that Daisy Farms' <br />failure to provide notice of intent to renew on or before five (5) years prior to the Expiration <br />Date of tliis Agreement shall constitute Daisy Farms' determination not to renew. <br />(c) If at least five (5) years prior to the Expiration Date of this Agreement Daisy Farms has not <br />provided Paris notice that it intends to renew, Daisy Farms shall provide Paris evidence that <br />Daisy Farms has secured an alternative and sufficient water supply. This requirement is <br />expressly enforceable by Paris. <br />(d) If t11is Agreement is not renewed after expiration of this Agreement, Daisy Farms shall <br />nonetheless pay Paris for all Volume Charges f'or Treated Water delivered pursuant to this <br />Agreement, all installation, repair, replacement and operation cost associated with metcr <br />Page 13 of 23 <br />- 210 <br />
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