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Meter Purchase Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Empire Pipe and Supply (hereinafter called SUPPLIER). OWNER and SUPPLIER, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK SUPPLIER shall provide all materials as specified or indicated. The materials are generally described as follows: Water Meters w/ Allegro (4G) Endpoint Technology and affiliated meter appurtenances ARTICLE 2 - THE PROJECT The Project for which the supplies are needed is described as the Meter Deployment Services for an Automatic Meter Reading (AMR) Solution. Meters and appurtenances will be ordered by OWNER on a Blanket Purchase Order with goods being delivered to a warehouse facility operated by the County's Meter Deployment Services contractor. ARTICLE 3 - DELIVERY TIMES 3.01 Time of the Essence A. Delays in delivery of materials will cause OWNER to suffer substantial financial and operational consequences. OWNER understands that lead time for meter deliveries is estimated to be six weeks or earlier. OWNER agrees to provide schedule for deliveries at least 10 weeks in advance as needed for delivery schedule of four to six weeks. 3.02 Liquidated Damages A. SUPPLIER and OWNER recognize that time is of the essence for this Agreement and that OWNER will suffer financial loss if the meters are not delivered within the times specified in paragraph 3.01 above, plus any extensions thereof allowed in writing as a change directive to this Agreement. Liquidated damages will commence if deliveries are not received within said time frame. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the meters are not delivered on time. Accordingly, instead of requiring any such proof, OWNER and SUPPLIER agree that as liquidated damages for delay (but not as a penalty), SUPPLIER shall credit OWNER $500 per day on delayed/late deliveries. OWNER will take credit directly from invoice for affiliated delivery. ARTICLE 4 - PRICE 4.01 OWNER shall pay SUPPLIER for meters in accordance with RFI 2018077M -Master Meter Allegro (4G) AMR/AMI Compatible Meters which is included as Exhibit 1 to this agreement. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Payments.