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

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not including Campbell Soup Company. Daisy Farms shall pay its share of the Cost of Service Study within thirty (30) days following receipt of the invoice for the Cost of Service Study. 5.4 Billing Questions and Disputes. (a) Statement Dispute; Protest. If Daisy Farms has a protest or dispute concerning a statement, Daisy Farms shall notify Paris in writing within twenty (20) days of receipt of said statement. Daisy Farms shall pay the portion of the statement that is not being disputed or protested. Upon written notification, the portion of the statement under dispute or protest (provided the dispute or protest is made in good faith and is not unreasonable) shall be set aside until resolved and shall not be subject to the penalties (such as late fees and interest) stated herein. If Paris is not notified in writing, with such notice being postmarked within twenty (20) days of Daisy Farms' receipt of said statement, said protest or dispute shall be considered waived. The Parties agree to negotiate in good faith to resolve the dispute. If necessary, the Parties agree to submit the dispute to non-binding mediation as provided in Section 12.1 of this Agreement. (b) Inspection and Audit. The Parties shall maintain complete records and accounts related to all transactions under this Agreement, including any charges or fees directly or indirectly charged to Daisy Farms hereunder, for a period of three (3) years from and after each such transaction. Each Party and its representatives shall at all times, upon notice, have the right to examine and inspect, including making copies thereof at requestor's expense, said records and accounts during normal business hours. If required by any law, rule or regulation, a Party shall make said records and accounts available to federal and/or state auditors. ARTICLE 6 Treated Water Transmission Line 6.1 Treated Water Transmission Line Ownership and Operation. Paris shall own, operate, and maintain the Treated Water Transmission Line up to the Delivery Point. Reasonable operation, maintenance and capital costs, including reasonable costs associated with Meter reading and data transmission, in each case, specifically attributable to the Treated Water Transmission Line shall be directly assigned to Daisy Farms for purposes of the Cost of Service Study, provided that (i) all capital costs associated with the construction of the Treated Water Transmission Line which are paid by Daisy Farms shall not be assigned to Daisy Farms for purposes of the Cost of Service Study, and (ii) the Treated Water Transmission Line shall not be included in the transmission lines used to allocate operation and maintenance expenses and debt service for purposes of the Cost of Service Study. Paris shall exercise due diligence in accounting for the directly assigned costs in Paris' accounting system to accurately track the costs directly assigned to Daisy Farrns. Notwithstanding the foregoing, should Paris provide water service to customers other than Daisy Farms via the Treated Water Transmission Line, operation, maintenance, and capital costs specifically attributable to the Treated Water Transmission Line shall be included as part of the Paris Treated Water System system-wide costs for the Cost of Service Study. Page 12 of 23