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terms and conditions for use of the consolidated sewage treatment <br /> plant; and <br /> WHEREAS, City and District acknowledge that District is presently <br /> involved in an appeal of the decision in District's favor relating <br /> to a certain 1965 contract with Volk- McLain Communities, Inc. regard- <br /> ing monies to be collected and paid to Volk- McLain for connections <br /> to the District's Plant; and <br /> WHEREAS, City and District have attempted to arrive at a determin- <br /> ation of the effect of District's contracts upon City's phase -out now, <br /> prior to a final determination regarding the aforementioned litigation; <br /> and <br /> WHEREAS, a complete resolution of disputes between the parties <br /> regarding payments by City to District pursuant to the Volk- McLain <br /> contracts may not occur until the present appeal has been finalized, <br /> and this is a recognized contingency in the contract which follows; <br /> and <br /> WHEREAS, it is agreed by the parties hereto that this following <br /> Agreement abrogates said June 14, 1967, Agreement in full: <br /> NOW, THEREFORE, in consideration of the faithful performance of <br /> the terms, conditions, covenants and promises set forth herein, the <br /> parties hereto agree as follows: <br /> SECTION 1. DEFINITIONS. <br /> Average Flow. The yearly average discharge of sewage into Dis- <br /> trict's Plant by City or District during the fiscal year expressed <br /> as gallons per day and computed by dividing the total quantity of <br /> sewage discharged by City or District during the fiscal year by <br /> the total days of the year. <br /> -4- <br />