CITY COUNCIL REGULAR MEETTIMG AGENDA PACKET 7-7-26

8 13. Temporary Curtailment of Delivery Zone 7 will make all reasonable efforts to provide continuous service to Contractor but may schedule to temporarily discontinue or reduce the delivery of water to Contractor for the purpose of necessary investigation, inspection, maintenance, repair or replacement of any of the facilities necessary for the delivery of treated water to Contractor. Zone 7 shall notify Contractor as far in advance as possible of any scheduled discontinuance or reduction and the estimated duration of such discontinuance or reduction, and shall use its best efforts to avoid disruptions in service to Contractor. In the event of any discontinuance or reduction in delivery of water, Contractor may elect to reschedule the water otherwise identified for delivery in the approved water delivery schedule, subject to the availability of system capacity and considering the approved delivery schedules of all other M&I Contractors. 14. Suspension of Service In the event that Contractor shall be delinquent in the payment for water for more than 90 days after the due date (as said due date is defined in Section 32), such delinquency shall be called to the attention of the Board for resolution. The Board may, in its discretion and after giving Contractor an opportunity to be heard, order the suspension or reduction of service to Contractor. C. TURNOUT DESIGN & CONSTRUCTION 15. Requests for Turnout Facilities Requests for additional turnout facilities are subject to review and approval by Zone 7. Prior to the design or construction of a turnout facility, Contractor shall deposit with Zone 7 an amount of money estimated by Zone 7 to cover all costs to be incurred by Zone 7 for that design or construction. Such costs include but are not limited to design, engineering, design review, construction, right-of-way acquisition, inspection, costs may be included in the monthly invoices provided to Contractor pursuant to Section 32. Following the completion of the design or construction of the turnout facility, Zone 7 will provide Contractor with an accounting of the actual costs incurred by Zone 7 in the completion of that design or construction. The deposit shall be applied to the actual costs incurred by Zone 7, and the appropriate refund or invoicing to Contractor will be made. Contractor shall make payment; or Zone 7 shall issue a refund on any excess remaining submission of said statement. Contractor shall have the right to audit the records of Zone 7 for the purpose of verifying actual costs. Page 63 of 214