25-AGREEMENT BETWEEN THE CITY OF PARIS AND DAISY FARMS

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water pressure in Daisy Farms' delivery system following delivery at the Delivery Point may require the use of storage or ptimps on Daisy Farms' system. (d) Intcrruption of Service for Maintenance. Notwithstanding anything in tllis Agreement or in the Regulatory Requirements or requireinents of any regulatory agency to the contrary, Paris shall be entitled at any and all times to install, repair, maintain, and replace such equipment or devices or to take any other action under an Emergency (including reduction or cessation of water service to Daisy Fartns) as necessary or appropriate to allow Paris at all times to maintain a minimum pressure as required by law at all retail service locations directly served by the Paris Treated Water System. Paris shall use commercially reasonable efforts to install, repair, rnaintain, and replace such equipment and devices in an effort to minimize the impact on Daisy Farms' operation. Paris may install at the Delivery Point appropriate devices to monitor and enforce all or any of these limitations. In the event of such service interruptions, Paris shall make every reasonable effort to expedite the resioration of service in a timely manner. 3.2 Delivery Point. Subject to the conditions set forth herein, Paris agrees to divert, transport, treat, and deliver Treated Water to Daisy Farms at the Delivery Yoint. The Delivery Point shall not be moved or relocated e;ccept by the Parties' mutual consent in writing. 3.3 Relocated Delivery Point. Requests for a relocated llelivei•y Point shall be submitted in writing by the Party which submits such request (the "Requesting Party") to the other Party (the "Receiving Pcrrly"). The relocated Delivery Point shall be subject to all applicable Regulatory Requirements. If the relocated Delivery Point is mutually agreed upon by the Parties, the Requesting Party shall be responsible for funding all costs related to constructing the improvements related to, and necessary for, the relocated Delivery Point, including the acquisition of any easernents or rights-of-way (the "Reloccttio►z Improvements"), unless the Parties agree on a division oC costs based on mutual benefit. The Parties shall also mutually agree as to which Party shall be responsible for constructing the Relocation Iinprovements. Prior to beginning construction of the Relocation Improvements, the Parties shall enter into a written agreement specifying the manner and timeframe for such reimbltrsement for constructing the Relocation Improvements and the time for construction. If Daisy Farms is to construct the Relocation Improvements, Daisy Farms shall submit documents to acquire rights-of-way and will submit plans for the construction of the Relocation Improvements to Paris for approval prior to construction commencing, provided, however, such approval shall not be tinreasonably withheld or delayed. Paris will give Daisy Farms notice of such approval or disapproval in writing within 45 days from receipt of such documents or plans. If Paris does not provicle notice of approval or disapproval within such 45-day period, the documents or plans shall be deeined approved. During the constructioiz, Paris may, but is not obligated to, inspect the Relocation Improvements under construction at its sole cost. Paris may, but is not obligated to, mal<e a final inspection and approval, at its sole cost, after construction of the Reloeation Improveinents are completed and before the Relocation Improvements are approved for use; provided, however, such approval shall not be unreasonably withheld or delayed. 3.4 Additional Delivery Points. Daisy Farms may request an additional Delivery Point(s). Such request(s) shall be made in writing by Daisy Farms, and Paris shall provide a written response within 45 days of receipt of such request. If Paris does not provide a written response within such 45-day period, the requested additional Delivery Point(s) shall be deemed approved. If additional Delivery Point(s) and/or line(s) are mutually agreed upon, the Parties shall determine whether Paris or Daisy Farms will be responsible for constr«cting the improvements related to, and necessary for, Page 6 of 23 ~ 203