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3.2 PGEN will advise CITY a minimum of forty-eight (48) hours prior to the <br />implementation of any planned changes to PGEN'S operations that would materially <br />affect the amount of water expected to be used by PGEN for any extended period of <br />time. For the purpose of this Agreement, a material effect on water use means a <br />change that would cause or contribute to PGEN'S water consumption varying by <br />Two Hundred Fifty Thousand (250,000) gallons or more on a daily basis, excluding <br />variances occasioned by operational dispatch, forced (unplanned and immediate) <br />outages, or unscheduled maintenance outages. PGEN will notify CITY, as provided <br />for in paragraph 10.8, by November 15th of each calendar year concerning PGEN'S <br />then current schedule of planned outages for the following year. On the occurrence <br />of a water consumption variance that materially and adversely impacts the integrity <br />of the CITY'S water system, CITY maintains the right to limit any increase in water <br />sold to PGEN and shall work with PGEN, in good faith, to meet PGEN'S water needs. <br />IV. <br />Resale of Water <br />4.1 PGEN may not permit any water furnished hereunder to be used for <br />any purpose other than to supply the Plant without specific approval of the CITY <br />City Council. <br />V. <br />Riqhts to Test <br />5.1 CITY reserves the right to inspect, test, calibrate, repair or replace the <br />Meter or any replacement meter as required. Such replacement, calibration, or repair <br />shall be apportioned to and paid one half by CITY and one half by PGEN, except as <br />provided in Paragraph 2.1. <br />VI. <br />Water Qualitv <br />6.1 CITY shall supply PGEN with water of quality equal to or exceeding <br />the State of Texas water quality requirements for water supplied for public use. <br />6.2 CITY shall supply, upon request, but no more frequently than <br />monthly, a water quality analysis report of the water supplied to PGEN. In the <br />event PGEN desires a more comprehensive or more frequent chemical analysis of <br />the water supplied, then the cost of such shall be borne by PGEN. <br />6.3 CITY bears no degree of responsibility for the water quality at any <br />point beyond the Meter. PGEN bears the responsibility for maintaining the water <br />quality at any point beyond the Meter and within PGEN'S distribution system. <br />6.4 PGEN shall notify and keep CITY informed of persons responsible <br />for the integrity of PGEN'S water distribution system. <br />4 <br />-� 51 <br />