C150317 Resolutions and Agreements

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123 14 Page 10 of 19 10. Treated Water. Using its existing facility, LDWA shall treat the raw water delivered via the Water Conveyance System, 125 Pipeline, and the Lake Durango Pipeline for LPWWA. a. Treatment Standards. i. LDWA's treatment, at the point of LPWWA's delivery, shall meet all drinking w ater standards imposed by USE PA, and an Y of h r regulatory entity with jurisdiction over water treatment for drinking water. ii. Force Majeure. LDWA is relieved of its obligations under Paragraph 10.a.i., only if the failure to comply is due to an act of God, war, government regulation, terrorism, disaster, strike (except those involving LDWA's employees or agents), civil disorder, curtailment of transportation facilities, or any other emergency beyond LDWA's control, making it inadvisable, illegal, or impossible to perform the obligation in subparagraph 10.a,.i. Nonperformance dictated by economic hardship is not enough to fall within this force majeure provision. A mere increase in expense does not excuse performance. b. Points of Delivery. i. LDWA shall deliver the amount requested by LPWWA up to 66 g.p.m. of water that meets the treatment standards of Paragraph 10.a to LPWWA at its point of delivery, which is Blue Hill (approximately 3/4 miles northeast of the intersection of County Road 141 and County Road 136). LPWWA shall have the right to pay the actual cost to increase the capacity within LDWA's system to provide for the delivery of more than 66 g.p.m. to LPWWA at its point(s)of delivery. iii. LDWA shall deliver water that meets the treatment standards of Paragraph 10.a. to LPWWA at a mutually agreed upon location for a water filling station. The parties intend to enter into a subsequent agreement that sets for the terms and conditions of the water filling station contemplated herein.