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r <br />;.~ t <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 c~elivery.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 source of Fully Consumable Water, other than <br />first use Windy Gap Water, becomes available. In the event the <br />City is rea~~onably able to but fails to exercise its rights under <br />Case. No. 82C'W202A sufficient to meet the demands under this <br />Agreement, (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 water available to the City to meet the terms of <br />this Lease i.s first use Windy Gap Water, the Lessee shall not be <br />required~to pay the delivery charges provided in paragraphs 5 or <br />6 for the de:livery of such first use Windy Gap Water. <br />6. Iri the event the Lessee agrees to accept the delivery <br />of first use: water from the City's allotment of Windy Gap Water, <br />Lessee shall. pay to the City, the. total costs of all pumping and <br />conveyance charges, plus any assessments and fees for <br />administrative, operating, maintenance and any other fees or <br />costs charged by the Sub-District for delivery of the water to <br />the City. Tree Lessee shall pay the City the total estimated costs <br />in advance, and the City shall not be obligated to deliver any <br />such water i:intil it has received the full estimated payment. In <br />the event tree estimated costs paid by the Lessee are less than <br />the actual c:osts incurred by the City in delivery of Windy Gap <br />Water to the: Lessee, 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 t:o pay such additional amounts upon receipt of an <br />invoice from the City, the City shall have the right, in addition <br />to any otheY- legal or equitable remedies it may have, to refuse <br />to deliver any Leased Water until such time as all additional <br />amounts owed pursuant to this paragraph have been paid in full. <br />In the event: the estimated costs paid by the Lessee are greater <br />than the actual costs incurred by the City in delivery of Windy <br />Gap Water tc- the Lessee, 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. Lessee shall pay the City's reasonable costs incurred <br />in administering the terms of this Lease. For the first five <br />years of this Lease, the administrative costs shall be One <br />Thousand and 00/100 Dollars ($1,000.00) per year, payable in <br />advance. The: City shall recalculate the reasonable administrative <br />costs every five years and inform the Lessee in writing of the <br />