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1 whter or inability to hanale sewage as required by this Agreement shall be remedied <br />with all possible dispatch, such circumstances shall not include over commitment by <br />Utility to its customers. In the event of an extended shortage of water, or the <br />supply of water available to Utilities for distribution to its Customers is otherwise <br />diminished over an extended period of time, the supply of water to the Developer's <br />40 <br />consumers shall be reduced or dimini,hed in the ratio or proportion as the supply to <br />Utilities' Customers is reduced or diminished. <br />4. To provide water in such quantity as may be required by Customer, up to but <br />not exceeding an average monthly amount of 70,000 gallons per day. <br />Utilities Agrees:. <br />5. To reimburse the funds advanced, to Developer as set forth in Paragraph B.-2 <br />up to Oae Hundred and Five Thousand Dollars ($105,000.00). This refund shall be made <br />once a year in the amount of the total water bills for the year paid by the Developer <br />for a period of seven years. In no event shall the amount refunded exceed <br />$105,000.00. The obligation of Utilities for any such reimbursement shall terminate. <br />seven (7) years from and after the execution date of thin agreement. The implemen- <br />tation of this paragraph shall not serve to reduce or increase the number of users for <br />the purpose of establishing annual service charges per user. For this Agreement, the <br />number of users shall be based on the equivalent residential connection concept for <br />residential and commercial connections. <br />B. DEVELOPER AGREES. <br />1. To pay Utilities total connection charges in the amount of $ 215,600.00 <br />which are itemized as follows: <br />a. To pay Utilities a connection (plant capacity) charge at a rate of <br />$ 0,86 per gallon, total $ 60,200.00 based on the agreed upon and stipulated <br />flow rate of 70,000 gallons per day. <br />b. To pay Utilities a $ 155,400.00 sewer connection (plant capacity) <br />charge at a rate of $ 2.22 per gallon for 70,000 gallons. <br />Payments for these items will be made upon submission of appropriate invoice by <br />Utilities following the execution of the Agreement by Developer, based on the follow- <br />ing payment schedule: <br />1. 1) One hundred Thousand ($100,000.00) Dollars upon execution of this <br />agreement. <br />2) Twenty -Eight Thousand Nine Hundred ($28,900.00) ninety days (90) iron <br />the execution date of this agreement. <br />» 2 <br />LECJ61.41.10 <br />