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be relieved of its delivery obligations pursuant to the terms of this paragraph only upon at <br />least thirty (30) days' prior written notice to Applicant. If the City does not deliver water to <br />Applicant pursuant to the terms of this paragraph and Applicant has made payment to the <br />City for the delivery of water, the City shall refund to Applicant the full amount paid for such <br />undelivered water. If the City is unable to deliver water for the reasons stated above, <br />Applicant shall be entitled to use the City's facilities to deliver water purchased from third <br />parties for its purposes upon the same terms as set forth in paragraph 6, above. <br />8. Applicant shall be responsible for its use of the water and the effects thereof <br />on third parties, if any, including, but not limited to, the effects of discharges and changes <br />in the quality of the water. <br />9. The City makes no warranty of the quality of the water delivered to Applicant. <br />The City agrees that Applicant may monitor the quality of the water at facilities owned by <br />the City that are used to deliver water to Applicant. <br />10. Except as set forth below, the obligation of the parties hereunder shall be <br />suspended to the extent and for that period that performance is prevented by any cause <br />beyond the parties' reasonable control, including, without limitations, acts of God., acts of <br />war, fire, explosion, earthquake, storm, flood, economic conditions or circumstances that <br />make it infeasible to continue operations, and material and substantial breakdown of <br />equipment, machinery, or facilities provided, however, that Applicant shall have no <br />obligation to pay for water that the City was unable to deliver or make available for delivery <br />and that the City shall have no obligation to refund payments already made by Applicant <br />for such undelivered water. Exceptions to this suspension are as follows: <br />122-68 w: Victor\appl,cation 4-99 <br />a. The obligation of Applicant to pay the monthly amount of <br />$19,170.00 shall not be suspended during the calendar year <br />for which Applicant has made the guarantee as set forth in <br />paragraph 4, above; <br />b. The "wheeling" right set forth in paragraph 6, above, shall not <br />be suspended unless this Agreement is terminated or <br />canceled; <br />c. This Agreement may be terminated by the City, and all <br />obligations hereunder shall then end, if any suspension under <br />this paragraph 10 lasts longer than the end of any 6 -month <br />period during which Applicant has made no monthly payments <br />of $19,170.00. The City shall give Applicant written notice of <br />any decision to terminate at least ten (10) days before the <br />effective date of said termination. Whether or not this <br />Agreement is terminated or canceled, the City shall have the <br />right and option to seek to recover all billed, due, and unpaid <br />-4- <br />