Water Usage Information Document

Water Usage Information Document

This Water Usage Information Document ("Agreement") is entered into by and between:

Agreement Date:

Recitals

WHEREAS, Provider operates systems to collect, analyze, and report water consumption, meter readings and related data for the purpose of billing, conservation planning, and operational management; and

WHEREAS, Client owns or controls the premises located at and desires Provider to collect and manage water usage information subject to the terms of this Agreement; and

WHEREAS, the parties intend that the data, reporting, payment and confidentiality provisions set forth below govern the relationship between them.

Scope of Work

Data to be collected (select all that apply):

Meter readings    Account number    Flow rates    Pressure measurements    Other

Recent Meter Readings

Provide up to three recent meter readings:

Reading 1 - Date:    Value:

Reading 2 - Date:    Value:

Reading 3 - Date:    Value:

Payment Terms

Service Fee Amount: $

Late Payment Fee:    Minimum Late Fee: $

All fees are payable in U.S. dollars unless otherwise agreed in writing. Client is responsible for charges associated with any third-party metering or data transmission services unless expressly included above.

Term and Termination

Term Commencement Date:    Term Expiration Date:

Either party may terminate this Agreement for convenience upon written notice to the other party no fewer than days prior to the effective termination date. Either party may terminate immediately for material breach if the breaching party fails to cure such breach within thirty (30) days after receipt of written notice.

Confidentiality

For the purposes of this Agreement, "Confidential Information" means non-public information disclosed by one party to the other, including but not limited to meter data, consumption patterns, technical specifications, pricing, and any reports or analyses derived therefrom. The receiving party shall: (a) maintain Confidential Information in strict confidence using at least the same degree of care it uses to protect its own confidential information but no less than reasonable care; (b) use Confidential Information solely to perform its obligations under this Agreement; and (c) not disclose Confidential Information to any third party except to its employees, subcontractors, or advisors who have a need to know and who are bound by confidentiality obligations no less protective than those herein.

Confidential Information does not include information that: (i) is or becomes generally available to the public other than through a breach of this Agreement; (ii) was rightfully in the receiving party's possession prior to receipt from the disclosing party; (iii) is lawfully obtained from a third party without restriction; or (iv) is independently developed without use of the disclosing party's Confidential Information. The obligations in this section shall survive termination of this Agreement for a period of three (3) years.

Data Release and Consent

Client authorizes Provider to access and collect water usage data for the premises identified in this Agreement and to use such data for billing, reporting, system operation, and conservation-related analyses. Client further authorizes release of the collected data to authorized agents or regulatory bodies where required by law or by the utilities providing service to the premises.

Client consents to data collection:

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of laws principles. Exclusive venue for disputes arising under this Agreement shall be the state or federal courts located in the jurisdiction specified above unless otherwise agreed in writing.

Indemnification

Each party shall indemnify, defend and hold harmless the other party and its officers, directors and employees from and against any third-party claims, liabilities, losses or damages (including reasonable attorneys' fees) arising out of the indemnifying party's negligent acts, willful misconduct, or material breach of this Agreement.

Entire Agreement

This Agreement, together with any attachments or addenda executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. No amendment or modification shall be binding unless in writing and signed by both parties.

Contact and Billing Information

Certifications and Acknowledgments

The undersigned representatives of the parties each certify they are authorized to execute this Agreement and that the information provided herein is true and accurate to the best of their knowledge. Each party acknowledges that unauthorized disclosure of Confidential Information may cause irreparable harm entitling the injured party to equitable relief in addition to any other remedies available at law or in equity.

By signing below, each party agrees to be bound by the terms of this Agreement.

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