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I , IV <br /> ^ 10" <br /> WAT k-i ref` 'PirR <br /> with the agreement described in the Carron City Attorney's latter to Jahn McDermott, <br /> Esq. dated August 19, 1999 and attached hereto as Exhibit C) incurred with respect to <br /> Agile's efforts to secure such authorization, whether Successful or not, shall be paid by <br /> Agile or promptly reimbursed by Agile to the City, if first paid by the City. <br /> (b) Notwithstanding anything to the contrary set forth hiereinabove, neither <br /> Cation City nor its Water Department :shall be obligated under this Agreement to pursue <br /> the "change" of any water right or to otherwise file or participate in any Water Court or <br /> other judicial proceeding that could require the quantification of any of the water rights <br /> owned or controlled by the City of Carron City and/or the Garton City Water Department. <br /> Carron City neither guarantees nor warrants that Agile will become entitled to receive <br /> water committed hereunder at Agile's intake and will not put its water rights in jeopardy <br /> as a part of Agile's effort to obtain authorization to receive water sold by the City at its <br /> intake. <br /> . Except as provided in paragraphs 4 and 5 hereof, Agile will be solely <br /> responsible for the installation, operation, maintenance, repair and replacement of all <br /> the infrastructure of and within its intake„ diversion and distribution systems. Such <br /> infrastructure includes, but is not limited to all weirs, channels, mains, pipes, valves, <br /> connections, pumping facilities, temporary storage facilities, treatment facilities, <br /> discharge facilities and appurtenances now or hereafter established on such land to <br /> f <br /> serve and support Agile's quarry and mining operations and which divert, channel, <br /> measure, distribute and discharge raw water purchased and used pursuant to this <br /> Agreement. <br /> 4. Agile shall purchase from Canon City a meter or otherwise provide an <br /> accurate measuring device designated by Canon City and approved by the ,State <br /> Engineer's office at the point of delivery and allow representatives of Canon City and <br /> the State Engineer's office access to such meter or other accurate measuring device at <br /> all reasonable times during the term hereof. <br /> 5. Cation City or its agents will read the meter or other measuring device <br /> once monthly, on or about the 15th day of each month, to determine Agile's raw water <br /> consumption for each billing period and submit to.Agile an invoice for water consumed <br /> by Agile on or about the 30th stay of each month. <br /> 6.(a) The base rate for water consumption billed to and payable by Agile will be <br /> the water rate established by ordinance or resolution of the Council of Canon City, the <br /> governing board of the Canon City Water Department, from time to time for outside <br /> "group users" who receive treated water from Cafion City. Agile's cost for raw water <br /> shall be calculated by subtracting from such base rate the "raw water discount" <br /> provided for at subparagraph (b) of this paragraph 6. The outside group user rate is <br /> currently provided for at subsection (A) of Section 1 .08,050 of the Cation ,City <br /> Municipal Code and paragraph 7 said Council's Resolution No. 2, Series of 1999. if, <br /> during the terra hereof, the governing beard should fail to establish a water rate for <br /> .� w <br />