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"group users" who receive water outside the corporate limits of Canon City, the base <br /> water rate payable by Agile for water sold and delivered to it by Canon City pursuant to <br /> this Agreement will be the rate (per one thousand gallons) chargeable to commercial <br /> customers of the Canon City system who receive water outside the corporate limits of <br /> the City of Canon City. In any event, the base rate chargeable to Agile shall never <br /> exceed the water rate charged by Canon City to the Town of Brookside, Colorado <br /> pursuant to any contract or other agreement between those parties. Agile shall pay in <br /> full all invoices submitted by Canon City not later than fifteen (15) days following the <br /> dates of such invoices. <br /> (b) For all "raw water" sold and delivered to Agile he eunder, Agile shall be <br /> entitled to a raw water discount. Initially, the raw water discount will be thirty eight cents <br /> ($0.38) per 1000 gallons of raw water sold and delivered to Agile: during any applicable <br /> billing period. Thereafter, whenever Agile's base water rate--as determined with <br /> respect to subparagraph 6(a) above--is increased, the raw water discount also shall be <br /> increased by a like percentage. <br /> (c) The raw water discount shall apply only to raw water sold and delivered to <br /> Agile. If at any time during the term hereof"treated water" is sold and delivered to Agile <br /> at any place by Canon City, the raw water discount will not be allowed with respect to <br /> the cost of such treated water. <br /> i <br /> (d) The parties agree that the base water rate applicable under subparagraph <br /> 6(a), as of the date of execution hereof, is $2.17 per 1000 gallons, and that after <br /> subtraction of the raw water discount provided for at subparagraph 6(b), the net raw <br /> water rate applicable on such date would be $1.79 per 1000 gallons ($2.17 - $0.38 <br /> $1.79). <br /> 7. It is understood and agreed that Agile will be solely responsible for the <br /> acquisition and acquisition costs of all land, easements and rights-of-way necessary for <br /> the operation of all components of Agile's intake, diversion and distribution systems. <br /> With the exception of the option available under subparagraph 25(b) hereof, Canon City <br /> shall have no obligation whatsoever to deliver raw water at any place other than at the <br /> intake described in Exhibit A and shall have no duty to deliver raw water to Agile if, for <br /> any reason, Agile loses its right to divert raw water sold to it by Canon City pursuant to <br /> this Agreement at Agile's intake. <br /> 8. Agile shall operate and maintain its distribution system and use all water <br /> sold and delivered to it by Canon City in full compliance with all applicable federal, state <br /> and local laws, rules, regulations and policies regarding the use of water which is <br /> delivered to Agile pursuant to this Agreement. At all times during the term hereof, Agile <br /> shall comply with the provision of any and all orders of the office of the State Engineer <br /> and all orders of the Water Court, if any, pertaining to the delivery, use and discharge of <br /> water sold to Agile pursuant to this Agreement. <br /> 3 <br />