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cover the total cost of providing reclaimed water and that such costs reflect the appropriate allocation of expenses between the provisions of reclaimed water and the associated wastewater treatment costs . The DEVELOPER shall be invoiced according to the COUNTY ' s normal billing practices for water customers . The DEVELOPER shall pay interest at the rate in place at the time of any past due amounts from the date the amount came due until the date paid . Written or verbal notice of delinquency is not required for the interest to accrue . SC - 08 . Volume Allocation : The COUNTY will attempt to allocate an average monthly volume of 4 . 5 million gallons est. 150 , 000 +/- gals/day) . This allocation is non-binding and non-committal . The DEVELOPER shall control the volume of reclaimed water accepted, stored and utilized by the DEVELOPER. Notwithstanding anything to the contrary, the DEVELOPER is not obligated to accept reclaimed water which does not meet FDEP standards or any time the DEVELOPER ' S reclaimed water impoundment is at or nearing capacity. The DEVELOPER agrees that the use of reclaimed water shall take precedence over any other irrigation water source including storm water and groundwater . SC - 09 . Term : The term of this Agreement is seven (7) years . This Agreement shall be renewed automatically for successive terms at the expiration of any preceding term, unless any party notifies the other of cancellation by written notice not less than 180 consecutive calendar days in advance of the expiration date of the preceding term. The Term of this Agreement shall run concurrently with the COUNTY ' s Regional Wastewater Treatment Facility FDEP Operating Permit serving the area . SC - 10 . No Direct Offsite Discharge : DEVELOPER covenants that it shall not directly discharge reclaimed water into any body of water in the State of Florida other than the ponds or lakes (impoundment) owned by the DEVELOPER. DEVELOPER will take all reasonable precautions to prevent the use of reclaimed water received as potable water . "Reclaimed Water in Use " warning signs shall be posted in strategic places to prevent consumption of the water . Sign location and color of the posted signs shall be in conformance with FDEP regulations as defined under F .A. C . 62 -610 . In addition, exposed reclaimed water piping shall be painted ` Panton Purple 522C ' . SC - 11 . Reclaimed Water Use Permits : The DEVELOPER shall obtain FDEP and all other approvals to deliver and apply reclaimed water to DEVELOPER ' s property. If, through no fault of the parties involved, any federal , state or local government or agency (excluding the COUNTY) fail to issue necessary permits , grant necessary approvals , or require a material change in the system, then to the extent necessary and if possible, the parties agree to negotiate an amendment to the Agreement to reflect the change in condition . If it becomes impossible or impracticable to perform under the terms of this Agreement because of the above , then this Agreement shall terminate and the parties shall have no further obligations to the other. SC - 12 . Amendment: A written instrument executed by the party or parties to be bound thereby may only amend this Agreement . SC - 13 . Assignability : Either party may assign this Agreement, however, the rights granted herein shall run with the land and are not considered the personal property of the DEVELOPER. Therefore , while the DEVELOPER has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have the right to use the reclaimed water anywhere but on the property unless this Agreement is amended in writing by the assignee and the COUNTY to provide otherwise . Page 4 of 6 F:\Utilities\UTILITY - ENGINEERING\Projects - Utility Construction Petmits\John Island Golf Club West Reuse Water UCP # 2349Wgreement - Johns Island Club Inc - Reclaimed Water Agreement June 14, 2004.doc