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a. At a 3-inch tap ("3 Tap') at the Victor Mine Pump Station in Grassy <br /> Valley, more specifically described as the point on the Victor's raw <br /> water transmission line from the Victor's reservoirs, where CC&V's <br /> line taps on, north of Goldfield in Section 16, Township 15 South, <br /> range 69 West, 6th P.M.; and <br /> b. At a 9-inch tap("9 Tap")(the 3 Tap and 9 Tap are collectively referred <br /> to herein as the "Taps") near Victor's Water Treatment Plant near <br /> the top of Victor Pass in Section 21, township 15 South, range 69 <br /> West, 6th P.M. <br /> 5. Consideration and Payment Terms. The consideration for the Water <br /> provided to CC&V pursuant to this Agreement shall be as follows: <br /> a. Acre-Foot Charge_ The lease price for the Water for 2015 shall be <br /> $864.64 per acre-foot (the "Base Rate"). The Base Rate shall be applied retroactively <br /> from and after January 1st of 2015 and CC&V shall promptly pay Victor for any difference <br /> to the extent that CC&V's actual payments to date are less than what Victor would <br /> otherwise be entitled to under this Application. The Base Rate shall be adjusted upward <br /> by 4%each year with the first adjustment to occur on January 1, 2016 and January 1st of <br /> every year thereafter for the term of this Application unless otherwise agreed to in writing <br /> by the Parties. Victor shall provide CC&V with a monthly invoice for all water furnished <br /> hereunder and payment shall be due and payable by CC&V thirty(30)days after the date <br /> of the invoice. <br /> b. Minimum use of Taps_ CC&V acknowledges that its minimum use of <br /> the Taps shall be 4,073,000 gallons per month. Victor acknowledges that the Water <br /> Plant Investment Fee and the Physical Connection(for both Taps)have been previously <br /> paid by CC&V. <br /> c. Wheeling. Victor shall not be required to supply more than 800 <br /> gallons per minute nor more than 1300 acre feet a year of Victor Water. The preceding <br /> limitation specifically excludes the Transferred Water. If CC&V requires more than 800 <br /> gallons per minute, or more than 1300 acre feet per year, excluding the Transferred <br /> Water, and Victor, after good faith negotiations, does not wish or cannot supply, such <br /> excess needs, or in the event Victor cannot supply 800 gallons per minute and/or 1300 <br /> acre feet per year because of limitations,then and in either event,Victor shall allow CC&V <br /> to"wheel"(transport)water acquired from third parties through the Altman Pump Station <br /> and the pipeline from the Altman Pump Station to CC&V's meter at the top of Victor Pass, <br /> for a charge of$.16 per 1,000 gallons plus all direct costs of electrical, operations and <br /> maintenance,associated with that usage. This"wheeling"right shall not apply to CC&V's <br /> interest in the Altman Water Rights, only to the water purchased from third parties, <br /> specifically including, but not limited to the Transferred Water. Victor and CC&V agree to <br /> cooperate in a fair and prompt manner to enable CC&V to obtain one or more contracts <br /> for water and water rights from third parties suitable to provide additional reliable water <br /> 3 <br />