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amounts through any lawful means. <br />11. In consideration of the mutual undertakings hereunder, and as part of the <br />consideration to be exchanged, the parties are entering into an Agreement for Operation, <br />Maintenance, and Repair, of the City's Altman Pump Station whereby the Applicant will <br />contract to operate, maintain, and repair, the same, in return for payment as provided in <br />the attached Agreement, marked Exhibit One and by this reference incorporated herein <br />as if fully set forth. Although contained in two separate documents, this Application and <br />that Agreement shall be part and parcel of the same transaction between the parties. <br />12. The City and Applicant agree that non - performance by the City of its <br />obligations to deliver water under this Agreement shall result in damages to Appiicant <br />which will be difficult to calculate and for which there may not be adequate remedy by law. <br />Therefore, in the event of non- performance by the City, in addition to all of its other <br />remedies at law or in equity, Applicant shall have the right to a remedy of specific <br />performance to require the City to perform its obligation as set forth herein. <br />13. The City shall not furnish fire protection nor sewer services unless provided <br />by separate written contract. Applicant agrees_ to conform to all health laws and <br />regulations of the applicable governmental entity, and to take reasonable precautions <br />against fires. <br />14. Applicant acknowledges notice of the Code and Ordinances of the City, and <br />Applicant is subject to and governed by the Code and Ordinances, and Applicant agrees <br />to abide thereby. Approval of this Application by the City Council shall form a binding <br />contract and Applicant agrees to abide by and be bound by the terms of this Application. <br />The terms provided for in this Application, as approved, are not meant to limit, but to <br />supplement the City's Code and Ordinances. Applicant agrees that neither the approval <br />of this Application, nor use for any period of time, shall give Applicant any vested right to <br />continue such use. <br />15. This Agreement supersedes and replaces all other agreements between the <br />City and Applicant for the purchase of water EXCEPT that relating to the 3/4 inch tap at <br />Victor Pump Station and Wastewater Treatment Plant (augmentation taps), which shall <br />remain effective and separate and apart from this Agreement. This Agreement constitutes <br />the entire agreement between parties with respect to the subject matter hereof. This <br />Agreement shall not be modified, amended, supplemented, extended, or altered except <br />as the parties may from time to time agree in writing executed by their authorized officers <br />or representatives. <br />16. This Agreement shall be binding on the parties and their successors in <br />interest. Applicant may freely assign this Agreement to its successor in operating its <br />mining properties, joint venturer, parent company, sister company or subsidiary company, <br />and such assignee may in turn reassign this Agreement in accordance with this provision. <br />122-68 w:Wictorlapplication 4 -99 <br />-5- <br />