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have the option to accept the first use Windy Gap Water and pay <br /> the costs of delivering such water pursuant to the terms of <br /> paragraph 6 of this Lease . In the event the Lessee refuses to <br /> accept the delivery of the first use Windy Gap Water, the City <br /> shall be deemed to have met its obligations under this Lease, <br /> until such time as a source of Fully Consumable Water, other than <br /> first use Windy Gap Water, becomes available. In the event the <br /> City is reasonably able to but fails to exercise its rights under- <br /> Case No_ 82CW202A sufficient to meet the demands under this <br /> Agreement, (unless the exercise of such rights would impair the <br /> City` s ability to meet the normal domestic needs of the City) , <br /> and the only water available to the City to meet the terms of <br /> this Lease is first use Windy Gap Water, the Lessee shall not be <br /> required to pay the delivery charges provided in paragraphs 5 or <br /> 6 for the delivery of such first use Windy Gap Water. <br /> 6 . In the event the Lessee agrees to accept the delivery <br /> of first use water from the City' s allotment of Windy -Gap Water, <br /> Lessee shall pay to the City, the total costs of all pumping and <br /> X conveyance charges, plus any assessments and fees for <br /> administrative, operating, maintenance and any other .fees or <br /> coits 'charged by the Sub-District for delivery of the water to <br /> the City:"' The Lessee shall pay the City the total estimated costs <br /> in idvance, and the City shall not be obligated to deliver any <br /> such water until it has received the full estimated payment . In <br /> the event the estimated costs paid by the Lessee are less than <br /> the actual costs incurred by the City in delivery of Windy -Gap <br /> Water to the Lessee, Lessee shall pay the City any additional <br /> amounts owed within thirty days of receipt of an invoice from the <br /> City setting forth the amount owed. In the event the Lessee <br /> _shall fail to pay such additional amounts upon receipt of an <br /> invoice -from the City, the City shall have the right , in addition <br /> ,- to - any other legal or equitable remedies it may have, to refuse <br /> to deii'ver any Leased Water until such time as all additional <br /> amount=s owed pursuant to this paragraph have been paid in full . <br /> In the event the estimated costs paid by the Lessee are greater <br /> than the actual costs incurred by the City in delivery of Windy <br /> Gap Water to the Lessee, the City shall refund any excess within <br /> thirty days of the City' s receipt of an invoice from the Northern <br /> District . <br /> 1 . Lessee shall pay the City' s reasonable costs incurred <br /> in administering the terms of this Lease. For the first five <br /> years of -this Lease, the administrative costs shall be One <br /> 'I'housana and co/loo Dollars ($1, 000 . 00) per year, payable in <br /> advance . The City shall recalculate the reasonable administrative <br /> - eosts every five -years and inform the Lessee in writing of the <br />