25-AGREEMENT BETWEEN THE CITY OF PARIS AND DAISY FARMS

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reading, recording, and data transmission equipment and services, along with all applicable Peaking Ratio Surcharges, as well as other charges incurred under the terms of this Agreement. ARTICLE 9 Termination and Default 9.1 Termination by Mutual Consent. This Agreement may be terminated in whole or in part by the mutual written consent of Daisy Farms and Paris. In the event of teimination of this Agreement by such mutual consent, all rights, powers, and privileges of Daisy Farms and Paxis hereunder shall cease and terminate without necessity of fiirther action. Neither Daisy Farms nor Paris shall make any claim of any kind whatsoever against the other Party, its agents or representatives, by reason of such termination or any act incident thereto. If the Parties agree to terminate this Agreement, Daisy Farms shall nonelheless pay Paris for all Volume Charges for Treated Water delivered prior to the termination of this Agreement, along with all applicable Peaking Ratio Surcharges as well as other charges incurred under the terms of this Agreement. The provisions of this section survive termination of this Agreement. 9.2 Default by Daisy Farms. lf Daisy Farms is in Default, Paris shall give Daisy Farms written notice of such Default. Daisy Farms shall proceed to cure such Default not later than the expiration of thirty (30) days after the receipt of written notification from Paris of such Default (the "Daisy Cure Period"), or if such Default cannot be cured within such thirty (30) day period, if Daisy Farms has conlmenced action to cure such Default and is diligently pursuing such cure, then t11e Daisy Cure Period shall be extended an additional thirty (30) days to complete such cure (the "Daisy Cure Extension Per'iod"). If Daisy Farms fails to cure the Default by the expiration of the Daisy Cure Period or the Daisy Cure Extension Period, as applicable, then Paris may temporarily suspend the delivery of Treated Water to Daisy Farms. If, after the first day of suspension, Daisy Farms rcmains in Default for a continuous one hundred eighty (180) day period, Paris may, upon written notice to Daisy Farms, terminate this Agreement. (a) Paris shall advise Daisy Farms in writing immediately upon acceptance of the cure of any Defiault, and such acceptance shall not be unreasonably withheld or delayed. (b) lf Paris terminates this Agreement, Daisy Farms shall nonetheless pay Paris for all Volume Chai-ges for Treated Water delivered prior to the termination of this Agreement, all installation, repair, i•eplacement and operation cost associated with Meter reading, recording, and data transmission equipinent and services prior to termination of this Agreement, along with all applicable Peaking Ratio Surcharges, as well as other charges, including Late Fees incurred under the terms of this Agreement, and shall be obligated to pay said charges during the time Daisy Farms is in Default and during which time this Agreement is in effect. (c) In the event of termination of this Agreement under this Section 9.2, all rights, powers, and privileges of Daisy Farins hereunder shall cease and terminate. Daisy Farms shall make no claim of any kind whatsoever against Paris, its agents or representatives, by reason of such termination or any act incident thereto, provided Paris acted reasonably and such termination was not unreasonable, arbitrary, and capricious and was in accordance with this Agreement. The provisions of this Section 9.2 survive termination of this Agreement. 9.3 Default by Paris. If Paris is in Default, Daisy Farms shall give Yaris written notice of such Default. Paris shall proceed to cure such Default not later than the expiration of thirty (30) days after the Page 14 of 23 - 1 211