2012-094 RES AUTHORIZING/APPROVING AGREEMENT BY AND AMONG COP, NEXTERA ENERGY AND DAISY FARMS

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Water sold hereunder is non-potable, raw untreated water. The CITY expressly disclaims any warranty as to the quality or suitability of the water for use by DAISY. DAISY agrees that any variation in the quality or characteristics of water contemplated for sale hereunder shall not entitle DAISY to avoid its obligation to make payments provided for herein. THE CITY MAKES NO WARRANTIES CONCERNING THE QUALITY OF RAW WATER DELIVERED HEREUNDER OR IT'S SUITABILITY FOR DAISY'S INTENDED USES. ARTICLE III DELIVERY The CITY shall deliver raw water referenced in this Agreement from Lake Pat Mayse to the CITY'S water treatment plant as further depicted in the aerial photo attached hereto as Exhibit "A" (hereinafter "Delivery Point"). NEXTERA shall be responsible for pumping and transporting the raw water from the Delivery Point to the NEXTERA Power Plant. DAISY and NEXTERA shall be responsible for designing and installing the New Facilities to transport and meter the excess or unused supply of raw water from the NEXTERA Power Plant to the DAISY Facility. Design and installation of the New Facilities are subject to review, approval and permitting by the CITY, provided that such approval shall not be unreasonably withheld, delayed or conditioned. DAISY shall be responsible for funding the cost of the New Facilities and shall own and operate the New Facilities once constructed. NEXTERA agrees to grant to DAISY all reasonable and necessary construction, access, and maintenance easements that are reasonably required for the New Facilities to be located under and on the surface of NEXTERA's Power Plant on NEXTERA' property. ARTICLE IV MEASUREMENT DAISY, at its expense, shall install and maintain an appropriate measuring device, such as a magnetic flow meter or other measuring device capable of ineasurement within two percent (2%) accuracy, subject to review and approval by CITY, which approval shall not be unreasonably withheld, conditioned or delayed, at the point where the excess or unused raw water is diverted at the NEXTERA Power Plant for DAISY's use ("Diversion Point") and is transported or pumped to the DAISY Facility. All water which passes through the meter at the Diversion Point shall be considered water purchased by DAISY from the CITY under the terms of this Agreement and payment shall be made therefor by DAISY as provided below. The CITY shall have access to the measuring device or flow meter at the Diversion Point at all reasonable times to inspect operation and to verify water measurements. Both the CITY and NEXTERA shall have the right to test the measuring device for accuracy at any time by first giving the other parties to this Agreement reasonable advance notice of such test (no less than 24 hours' notice). If any meter being tested is found to have errors in excess of the permissible accuracy limit of two percent (2%), such meter shall immediately be repaired, replaced, adjusted or recalibrated, at DAISY'S sole cost and expense, as necessary to bring such meter into an accuracy of at least two percent (2%). 3