Water Usage Requirements

WATER USAGE REQUIREMENTS

This Water Usage Requirements Agreement (the Agreement) is entered into effective as of by and between:

Service Provider Name: ; Address:

Client Name: ; Address:

Whereas

WHEREAS, Service Provider operates and maintains water supply, metering equipment and related services and has the capacity and expertise to supply and monitor potable and non-potable water for Client's operations; and

WHEREAS, Client requires a defined allocation of water for specified uses and agrees to comply with the conservation, metering, reporting and payment obligations set forth in this Agreement to protect shared water resources and ensure compliance with applicable law;

WHEREAS, the parties desire to set forth in writing the water usage requirements, reporting obligations, remedies for noncompliance and payment terms applicable to the provision and use of water under this Agreement.

Scope of Work

Service Provider shall supply, meter and monitor water delivered to Client in accordance with the specifications below and shall perform reasonable maintenance of metering equipment. Client shall use water only for the purposes expressly authorized in this Agreement and shall implement required conservation measures.

Water Use Specifications

Permitted uses (check all that apply). Each checked use is subject to the limits and conditions of this Agreement.

Irrigation    Domestic (drinking, sanitation)    Industrial / Process    Fire suppression

Other permitted use:

Meter installation date:    Meter identifier:

Reporting frequency:    Reports due within: days of period end

Permitted average monthly volume:  units (specify units in scope)

Overage charge: per unit in excess of permitted volume. Repeated exceedance may trigger corrective action, additional restrictions or termination pursuant to Section Term and Termination.

Payment Terms

Client shall pay Service Provider for water supply, metering and monitoring in accordance with the following terms:

Invoices are due within days of invoice date. Late payments shall accrue interest at % per month (or the maximum permitted by applicable law), plus reasonable collection costs.

Term and Termination

This Agreement commences on and continues until unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for convenience upon days' prior written notice. Service Provider may terminate immediately for cause if Client materially breaches any obligation, including unauthorized use, failure to pay or repeated exceedance of permitted volume and fails to cure within 15 days after written notice.

Confidentiality

Each party shall keep confidential and shall not disclose to any third party Confidential Information of the other party, except as required by law or as reasonably necessary to perform under this Agreement. "Confidential Information" includes metering data, usage reports, pricing, and any business information designated as confidential. Confidential Information shall be used solely for purposes of performance and administration of this Agreement. The receiving party shall employ at least the same degree of care to protect Confidential Information as it uses to protect its own confidential information, but no less than a reasonable standard of care.

Compliance, Inspection and Remedies

Client shall at all times comply with applicable water quality, reporting and conservation laws and regulations. Service Provider or its authorized agents may enter Client premises during normal business hours upon reasonable prior notice to inspect metering equipment, perform maintenance and verify compliance. If immediate access is required to prevent material harm or to address an emergency condition, Service Provider may access without prior notice and shall document the reason for immediate access.

Remedies for noncompliance include assessment of overage charges, suspension of supply, imposition of additional conservation measures, and termination; these remedies are cumulative and in addition to any other remedies available at law or equity.

Liability; Indemnity; Force Majeure

Except for willful misconduct or gross negligence, neither party shall be liable to the other for consequential, incidental or punitive damages. Each party shall indemnify, defend and hold harmless the other from and against third-party claims arising out of its negligence or breach of this Agreement. Neither party shall be liable for failure to perform to the extent that performance is prevented by events beyond its reasonable control, including natural disaster, drought declaration, governmental restriction or other force majeure event; the affected party shall provide prompt notice and use reasonable efforts to mitigate the effect.

Governing Law; Entire Agreement; Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of without regard to conflict of law principles. The parties expressly submit to the jurisdiction of the courts located in that state for resolution of disputes.

This Agreement, including all schedules and attachments executed by the parties, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and understandings, whether written or oral. No amendment shall be effective unless in writing and signed by authorized representatives of both parties. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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