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water meter on a monthly basis to determine the amount of water provided during the previous <br /> month and invoice SCHMIDT monthly in arears with payment due within thirty(30)days of the <br /> date of billing. Invoices shall be sent by first class mail to SCHMIDT at the following address: <br /> Scott Davis, President,Schmidt Construction <br /> 2635 Delta Drive <br /> Colorado Springs,CO 80910 <br /> 9. Meterine:All Surplus Water delivered under this Agreement shall be measured at the meter <br /> point. If at any time,either UTILITIES or SCHMIDT questions the accuracy of the meter,either <br /> party may cause such meter to be tested for accuracy and recalibrated if necessary,at such party's <br /> expense.In the event a meter shall be tested,the party testing the meter shall provide the other <br /> party with three(3)days' notice of such testing. If the parties cannot agree that the meter is <br /> measuring accurately,they shall choose an independent third party qualified to test the accuracy <br /> of such meters, whose decision regarding accuracy shall be binding on both parties.The expenses <br /> associated with use of the third party tester shall be split evenly between both parties. In the event <br /> that the meter is found to be in error,no adjustments will be made to previous bills issued by <br /> UTILITIES. <br /> 10. Water Quality: Surplus Water from the Hanna Wells is currently of the quality that is acceptable <br /> for use in SCHMIDT's operations. In the future, if SCHMIDT demonstrates that the water <br /> supplied under this Agreement has declined in quality to the point that it can no longer be used by <br /> SCHMIDT in its gravel production operations,then SCHMIDT has the right to terminate this <br /> Agreement upon thirty(30)days' notice to UTILITIES. <br /> 11. No Assienment Without Consent,No Third-Party Beneficiary:There shall be no assignment <br /> of the rights or obligations contained in this Agreement by either party without the prior written <br /> consent by the other party,and any such assignment shall be null and void.Notwithstanding <br /> anything herein to the contrary, upon written notice to SCHMIDT, UTILITIES may assign this <br /> Agreement without consent to the City of Colorado Springs,Colorado.Nothing herein shall be <br /> construed to give any rights or benefits hereunder to anyone other than UTILITIES and <br /> SCHMIDT. <br /> 12. Leeal Notice:Notices under this Agreement,other than SCHMIDT's requests for water and <br /> UTILITIES' responses to such requests,shall be given in writing,signed by an authorized <br /> representative of the party giving notice.Telephonic or email notice is not acceptable.Notices <br />