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~, •~ <br />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.eource 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 />P,greement, (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 watez 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 foY the delivery of such first use Windy Gap Water. <br />6. in~the event the Lessee agrees to accept the delivery <br />of_firat use water from the City's allotment of Windy Gap Water, <br />Lessee shall pay to the City, the total coats of all pumping and. <br />conveyance charges, plus any asaeaementa and fees for <br />administrative, operating, maintenance and any other fees or <br />coats charged by the Sub-District for delivery of the water to <br />the City. The Lessee shall pay the City the total estimated costa <br />in advance, 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 coats paid by the Lessee are lees than <br />the actual coats incurred by the City in delivery of Windy Gap <br />Water to the Leeaee, 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' deliver any Leaaed Water until such time ae all additional <br />amounts owed pursuant to this paragraph have been paid in full. <br />In the event the estimated costa paid by the Leeaee are greater <br />than the actual costa incurred by the City in delivery of Windy <br />Gap Water to. the Leeaee, the City shall refund any excess within <br />thirty days of the City's receipt of an invoice from the Northern <br />District. <br />7. Leeaee shall pay the City's reasonable costa incurred <br />in administering the terms of this Lease. For the first Five <br />years of this Lease, the administrative costa shall be One <br />Thousand and 00/100 Dollara($1,000.00) per year, payable in <br />advance. The City shall recalculate the reasonable administrative <br />caste every five years and inform the Leeaee in writing of the <br />