2011-072 RES AGREEMENT BETWEEN CITY OF PARIS AND DAISY FARMS

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flow for said Meter(s) under similar conditions. In the event that Daisy Farms and Paris cannot agree on the extrapolated estimate of Treated Water volume delivered before the payment due date, Daisy Farms shall make payment to Paris based on the same month in the previous year on or before the payment due date. After making such payment, Daisy Farms may request that the matter be submitted to non-binding mediation as provided herein. Paris may also request that the matter be submitted to non-binding mediation, as hereinafter provided. 4.4 Meter Reading. (a) Paris shall read all Meter(s) provided for herein at monthly intervals, and Daisy Farms and Paris shall have free access to read these respective Meter(s) daily, if either Party so desires. It shall be the duty of both Daisy Farms and Paris to give immediate notice, each to the other, should any Meter(s) be found to not be functioning properly, and, upon such notice, repairs to such Meter(s) shall be made promptly. (b) Daisy Farms shall have access to records on the Meter(s) readings during reasonable business hours and shall be furnished a copy of readings upon request. (c) A remote meter reading system shall be installed at all meter locations per City of Paris specifications. This may require an additional easement, antenna device, tower and underground cabling in order to accomplish this task. Paris will submit copies of plans and/or specifications for the remote meter reading system to Daisy Farms prior to installation so that Daisy Farms can review such plans and/or specifications and propose alternative solutions, if any, provided that Paris is not obligated to accept any such alternative solution. Daisy Farms will timely grant additional utility easements to Paris as required by the remote water reading system improvements. 4.5 Additional Testing of the Meter(s). Daisy Farms shall have the right to request Paris to test any Meter(s), but no more frequently than once per month. Upon any such request, Paris agrees to perform its testing and calibration of the Meter(s) with notice to Daisy Farms, and the Parties shall be entitled to jointly observe any testing, calibration, and adjustments that are made to the Meter(s), in the event such modifications shall be necessary. For such additional testing requests, Paris shall give Daisy Farms notice forty-eight (48) hours in advance of the time when any such testing shall occur. Daisy Farms shall pay the cost of any such additional testing request for any Meter(s) if the test shows that such Meter(s) is accurate (within five percent (5%) registration), but Paris shall pay the costs of such additional test if the results indicate that such Meter(s) is not accurate (in excess of five percent (5%) registration). ARTICLE 5 Fees, Billing, and Payment 5.1 Charges for Water. (a) Treated Water. Daisy Farms shall pay to Paris the Volume Charge for the Treated Water delivered in accordance with this Agreement. 5.2 Water Rates. (a) Initial Rate. Upon the Effective Date of this Agreement and during the Initial Rate Period the Volume Rate shall be: Page 9 of 23