2002-10-25_REVISION - M1986015 (5)

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well has not yet been constructed, Transit Mix and Valco agree to supply Mrs. Helmsing with an interim replacement water supply subject to the terms and conditions of this Agreement. The interim replacement water supply shall be provided within forty-eight hours after notice from Mrs. Helmsing to Transit Mix. a. Interim W ater Supply. If necessary under the conditions described above, Transit Mix and Valco agree, at their sole cost and expense, to connect Mrs. Helmsing to an Interim Water Supply pursuant to the terms and conditions of this paragraph. Transit Mix and Valco may select an Interim Water Supply that (1) provides construction and installation of a water supply for delivery of water to Mrs. Helmsing at the point where the current water line from the Helmsing Well to Mrs. Hehnsing's property enters Mrs. Helmsing's property, (2) provides a quality of water consistent with the average water quality samples taken from the Helmsing Well pursuant to this agreement, and {3) provides water with a pumping head and deliverypressure similar to the pumping head and delivery pressure for the current well. The Interim Water Supply shall provide all pumping facilities, if required, and the pumping power costs shall be separately metered ,unless connected to Mrs. Helmsing's existing electrical supply. In the event the pumping power costs cannot be separately metered or connected to Mrs. Helmsing's existing electrical supply, Transit Mix and Valco shall pay the costs of the pumping power costs. b. Permanent Water Supply. Valco and Transit Mix agree, at their sole cost and expense, to connect Mrs. Helmsing to a Permanent Water Supply pursuant to the terms and conditions of this paragraph. Valco and Transit Mix shat l select a Permanent Water Supply that (1) provides for construction and installation of a water line for delivery of water to Mrs. Helmsing at the point where the current water line from the Helmsing Well to Mrs. Helmsing's property enters Mrs. Helmsing's property, (2) provides a quality of water consistent with the average water quality samples taken from the Helmsing Well pursuant to this agreement, and (3) provides water with a pumping head and delivery pressure similar to the pumping head and delivery pressure for the current well and of a pipe size not smaller than the existing pipe size, but not greater than two inches in diameter. The pipeline to Mrs. Helmsing's property shall also be buried at a depth equal to or deeper than the current depth of the pipeline from the Helmsing Well to Mrs. Helmsing's property, and shad use generally accepted construction practices for installation of the pipeline. The Permanent Water Supply shall include any and all permitting required for the water supply and shall provide all pumping facilities, if required, and the pumping power costs shall be separately metered, unless connected to Mrs. Helmsing's existing electrical supply. Upon providing the Permanent Water Supply, Valco and Transit Mix shall assign the equipment, licenses and permits associated with the Permanent Water Supply to Mrs. Helmsing, and shall convey by Special W arranty Deed an easement in the form of the attached Exhibit A for the right-of--way for the pipeline, power supply and other facilities required for operation, maintenance, repair and reconstruction of the facilities associated with the Permanent Water Supply, to the extent such facilities are not on the Helmsing property. 3. Remedies. In the event Transit Mix or Valco fail to comply with the terms ofthis Agreement, Mrs. Helmsing shall have the right to seek remedies pursuant to the February 18, 1986 3