Maximum Peak Demand. At all times, MVD’s peak draw at the Interconnection Point shall be limited to 347 gallons per minute; provided, however, that water taken for non-training firefighting purposes shall not be counted toward such allowable draw. If PWW, in its sole discretion, determines that, due to circumstances beyond PWW’s reasonable control, its water supply is impaired, PWW may, upon twenty-four (24) hours’ notice to MVD reduce the maximum volume that may be taken by MVD. PWW will promptly notify MVD when such circumstances cease to exist, and, thereupon, the rights of MVD to take water as set forth in this Section shall be restored. In exercising its discretion concerning a reduction in the amount of water thereafter to be taken by MVD, PWW shall afford at least as favorable treatment to MVD as to its other wholesale water supply and retail customers, except insofar as its special contracts, existing on the Effective Date, with such customers or the rules of the NHPUC require a different standard to be applied with respect to such customers. PWW will promptly employ its commercially reasonable efforts to cure such inadequacy or impairment. MVD shall not be entitled to compel PWW to supply it with any specific quantity of water nor shall it be entitled to any damages as a result of PWW’s determination that its supply is inadequate or impaired. In the event PWW imposes water use restrictions on its customers pursuant to NHPUC rule Puc 604.07 and during the term(s) of this Agreement, such water use restrictions shall also apply to MVD customers.
