25-AGREEMENT BETWEEN THE CITY OF PARIS AND DAISY FARMS

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Wate7• Conservation means those practices, techniques, and lechnologies that will reduce the consumption of water, reduce the loss or waste of water, improve efficiency in the use of water, and/or increase the recycling and reuse of water. 2.2 lnterpretations. The following principles shall control the interpretation of this Agrecment: (a) iJnless otherwise stated, reference to any document, other than a license, certificate of adjudication or permit, means the document as amended or supplemented from time to time. (b) Reference to any party or governmental regulatory agency means that entity and its successors and assigns. (c) Misspelling of one or more words in this Agreement shall not void the Agreement. Such inisspelled words shall be read so as to have the meaning apparently intended by the Pai-ties. (d) Words of any gender used in this Agreement shall be held and construed to include any other gender. (e) Words in the singular number shall be held to include the plural, unless the context otherwise requires. (f~ Axticle and sectiou headings contained herein are for convenience and reference and are not intended to definc or limit the scope of any provision of this contract. ARTICLE 3 Water Provided Under Agreement 3.1 Treated Water. (a) Delivery and Acceptance. Except as limited in this Agreement, Paris agrees to furnish and sell to Daisy Farms Treated Water delivered at the Delivery Point in quantities as set forth in this Agreement or such lesser amount as Paris may be able to supply in the event of an Emerbency. The purchase of Treated Water by Uaisy Farms from Paris shall be solely used by Daisy Farms for its dairy farm operations. Daisy Farms agrees to accept delivery under the conditions of this Agreement and to pay for the Water in accordance with the terms herein. (b) Source of Supply and Capacity. Paris' agreement to make T'reated Water available is limited to the extent that Raw Water, as that term is defined in this Agreement, is available and the e,ctent to which capacity is available in the Paris Treated Water System, including capacity in the Treated Water Transmission Line. During the term of this Agreement, Paris shall provide up to one million five hundred thousand (1,500,000) gallons per day to Daisy Farms at the Delivety Point. (c) Water Pressure and Flow Rate. Paris does not represent or guarantee to Daisy Farms that the Treated Water provided to Daisy Farms under this Agreement shall be delivered at any specific minimum pressure at the Delivery Point, other tlian applicable TCEQ minimum pressure requirements. Daisy Farms understands and acknowledges that maintaining a certain Page 5 of 23 202