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to the property of its customers, as a result of water service or <br />lack thereof. County hereby agrees that any and all loss, <br />damage or destruction of all or any part of the "area's" system <br />or its customers' systems, and any of its customers' real or <br />personal property arising out of water, or lack of water, or for. <br />any other loss, damage, or destruction, arising out of service <br />provided under this agreement, or service by the City outside <br />of this agreement, if any, whether of not same results from the <br />sole negligence of the City's.employees or City's agents, shall <br />be the sole responsibility of County. <br />5. It is expected that the County will utilize at least <br />100,000 gallons of City water per day during the term of this <br />agreement until same is terminated. The County may utilize as <br />much City water (up to 300,000 gallons per day) as it desires to <br />serve the "area's" customers except on those days that the City <br />demands that the County restrict its usage of City water. The <br />City may demand that the County utilize its wells to the greatest <br />extent possible utilizing City water only to the extent absolutely <br />necessary to meet the demand of the ''area's" customers above the <br />County's ability to serve from water sources other than the City's <br />system. It is expected that such demands will be infrequent and, <br />absent unforeseen circumstances, will generally be limited to those <br />days during the months of April, May, June and July. <br />The service to be provided under this agreement in excess of <br />200,000 gallons per day is limited to assisting County in meeting <br />its demand above its current or future availability of raw or <br />treated water within or without the "area", and County hereby <br />agrees that it shall, after using 200,000 gallons per.day, utilize <br />its wells to the greatest extent possible and shall utilize the <br />City's water in excess of 200,000 gallons for any day only to the <br />extent absolutely necessary to meet the demand of the limited <br />customers in the "area" above County's ability to serve from <br />water sources other than the City's system. <br />6. The City shall in no event be required to supply in <br />excess of 300,000 gallons for any one day. subject to annual <br />review of the City.'s costs to provide service, County shall pay <br />the City eighty (80) cents for each 1,000 gallons of each day's <br />first 200,000 gallons, with a minimum daily charge of eighty <br />dollars ($80.00) per day irrespective of usage of less than <br />-2- <br />Df C 6 1978 <br />y <br />