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

Home Browse Search

(b) Daisy Farms is required to give notice of its intent to renew this Agreement at least five (5) years prior to the Expiration Date. Paris and Daisy Farms expressly agree that Daisy Farms' failure to provide notice of intent to renew on or before five (5) years prior to the Expiration Date of this Agreement shall constitute Daisy Farms' determination not to renew. (c) If at least five (5) years prior to the Expiration Date of this Agreement Daisy Farms has not provided Paris notice that it intends to renew, Daisy Farms shall provide Paris evidence that Daisy Farms has secured an alternative and sufficient water supply. This requirement is expressly enforceable by Paris. (d) If this Agreement is not renewed after expiration of this Agreement, Daisy Farms shall nonetheless pay Paris for all Volume Charges for Treated Water delivered pursuant to this Agreement, all installation, repair, replacement and operation cost associated with meter 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 termination of this Agreement by such mutual consent, all rights, powers, and privileges of Daisy Farms and Paris hereunder shall cease and terminate without necessity of further 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 nonetheless 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. If 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 commenced action to cure such Default and is diligently pursuing such cure, then the Daisy Cure Period shall be extended an additional thirty (30) days to complete such cure (the "Daisy Cure Extension Period"). 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 remains 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 Default, and such acceptance shall not be unreasonably withheld or delayed. (b) If Paris terminates this Agreement, Daisy Farms shall nonetheless pay Paris for all Volume Charges for Treated Water delivered prior to the termination of this Agreement, all Page 14 of 23