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<br />Heavener v020107 <br /> <br />will be required to pay .428 percent of the cost of joint-use RR&R of Project <br />features. Payment of these costs shall be made either incrementally during <br />construction or in lump sum (including interest during construction) upon <br />completion of construction <br /> <br />c. Annual Operation and Maintenance (O&M) Expense. The Authority will <br />be required to pay .428 percent of the annual experienced joint-use O&M <br />expense of the Project. Payments for O&M expense are due and payable in <br />advance on the date for payment of the first cost of storage as set forth in <br />Article 5a(2) and shall be based on O&M expense for the Project in the <br />Government fiscal year most recently ended. The amount of each annual payment <br />will be the actual experienced O&M expense (allocated joint-use) for the <br />preceding fiscal year or an estimate thereof when actual expense information <br />is not available. <br /> <br />d. Prepayment. The Authority shall have the right at any time to <br />prepay the indebtedness under this Article in whole or in part, with accrued <br />interest thereon to the date of such prepayment. <br /> <br />e. Delinquent Payments. If the Authority shall fail to make any of the <br />aforesaid payments when due, then after a 15-day grace period the overdue <br />payments shall bear interest compounded annually until paid. The interest <br />rate to be used for overdue payments due under the provisions of Articles 5a, <br />5b, and 5c above shall be that determined by the Department of Treasury's <br />Treasury Financial Manual (1 TFM 6-8000, "Cash Management"). The amount <br />charged on payments overdue for a period of less than one year shall be <br />figured on a monthly basis. A month's interest will be charged for any <br />portion of each month that the payment is delinquent. This provision shall <br />not be construed as giving the Authority a choice of either making payments <br />when due or paying interest, nor shall it be construed as waiving any other <br />rights of the Government, at law or in equity, which might result from any <br />default by the Authority. <br /> <br />ARTICLE 6 - Duration of Agreement. This agreement shall become effective when <br />signed by the Secretary of the Army or his duly authorized representative and <br />shall continue in full force and effect for the life of the Project. <br /> <br />ARTICLE 7 - Permanent Rights to Storage. Upon completion of payments by the <br />Authority, as provided in Article 5a herein, the Authority shall have a <br />permanent right, under the provisions of the Act of 16 October 1963 (Public <br />Law 88-140, 43 U.S.C. 390e), to the use of the water supply storage space in <br />the Project as provided in Article 1, subject to the following: <br /> <br />a. The Authority shall continue payment of annual operation and <br />maintenance costs allocated to water supply. <br /> <br />b. The Authority shall bear the costs allocated to water supply of any <br />necessary reconstruction, rehabilitation, or replacement of Project features <br />which may be required to continue satisfactory operation of the Project. The <br />District Engineer will establish such costs and the repayment arrangements <br />shall be in writing in accordance with the terms and conditions set forth in <br />Article 5b for reconstruction, rehabilitation, and replacement costs, and be <br />made a part of this agreement. <br /> <br />c. Upon completion of payments by the Authority as provided in Article <br />5a, the District Engineer shall redetermine the storage space for municipal <br />and industrial water supply in accordance with the provisions of Article 1e. <br />Such redetermination of reservoir storage capacity may be further adjusted <br /> <br />4 <br />