Common use of New Water Infrastructure; Water Meters Clause in Contracts

New Water Infrastructure; Water Meters. Following installation of the Temporary Water Infrastructure, Licensor intends, and will use diligent and reasonable efforts, to replace the Temporary Water Infrastructure by installing permanent improvements to the Existing Water Infrastructure (the “New Water Infrastructure”) to provide R-2 Water to the Ag Lot (and other agricultural lots in the Property). Upon written notice from Licensor that the New Water Infrastructure necessary to provide R-2 Water service to the Ag Lot has been completed, either Licensor or Licensee, as may be determined in Licensor’s discretion, shall install at Licensee’s sole cost and expense a water meter to measure the amount of R-2 Water being provided to the Ag Lot, and no R-2 Water service will be provided through the New Water Infrastructure until Licensee installs and pays for said water meter. Following the installation of the water meter and the delivery of written notice to Licensor of the same, Licensor will provide R-2 Water service to the Ag Lot through the New Water Infrastructure and remove the Temporary Water Infrastructure, and Licensee shall continue to pay the monthly flat fee in the amount set forth in Section 1(h) of the Specific Provisions. Upon the delivery of written notice to Licensee, the Water Utility Fee set forth in Section 1(h) of the Specific Provisions will be based on the amount of R-2 Water used by Licensee as determined by periodic readings of Licensee’s water meter and the price per gallon charged by Xxxx under the Water Facilities Agreement. Notwithstanding anything in this Agreement to the contrary, Licensor makes no representation or warranty concerning the provision of R-2 Water or other water to the Ag Lot or any other portion of the Property.

New Water Infrastructure; Water Meters. Following installation of the Temporary Water Infrastructure, Licensor intends, and will use diligent and reasonable efforts, to replace the Temporary Water Infrastructure by installing permanent improvements to the Existing Water Infrastructure (the “New Water Infrastructure”) to provide R-2 Water water to the Ag Lot (and other agricultural lots in the PropertyProject). Licensor estimates that the New Water Infrastructure will be available for use at the Ag Lot approximately 5 months after the Commencement Date. Upon written notice from Licensor that the New Water Infrastructure necessary to provide R-2 Water water service to the Ag Lot has been completed, either Licensor or Licensee, as may be determined in Licensor’s discretion, shall install at Licensee’s sole cost and expense a water meter to measure the amount of R-2 Water water being provided to the Ag Lot, and no R-2 Water water service will be provided through the New Water Infrastructure until Licensee installs and pays for said water meter. Following the installation of the water meter and the delivery of written notice to Licensor of the same, Licensor will provide R-2 Water water service to the Ag Lot through the New Water Infrastructure and remove the Temporary Water Infrastructure, and Licensee shall continue to pay the monthly flat fee in the amount set forth in Section 1(h) of the Specific Provisions. Upon the delivery of written notice to Licensee, the Water Utility Fee set forth in Section 1(h) of the Specific Provisions will be based on the amount of R-2 Water water used by Licensee as determined by periodic readings of Licensee’s water meter and the price per gallon charged by Xxxx under the Water Facilities Agreement. Notwithstanding anything in this Agreement to the contrary, Licensor makes no representation or warranty concerning the provision of R-2 Water or other water to the Ag Lot or any other portion of the PropertyProject.

New Water Infrastructure; Water Meters. Following installation of the Temporary Water Infrastructure, Licensor intends, and will use diligent and reasonable efforts, to replace the Temporary Water Infrastructure by installing permanent improvements to the Existing Water Infrastructure (the “New Water Infrastructure”) to provide R-2 Water water to the Ag Lot (and other agricultural lots in the PropertyProject). Licensor estimates that the New Water Infrastructure will be available for use at the Ag Lot approximately 5 months after the Commencement Date. Upon written notice from Licensor that the New Water Infrastructure necessary to provide R-2 Water water service to the Ag Lot has been completed, either Licensor or Licensee, as may be determined in Licensor’s discretion, shall install at Licensee’s sole cost and expense a water meter to measure the amount of R-2 Water water being provided to the Ag Lot, and no R-2 Water water service will be provided through the New Water Infrastructure until Licensee installs and pays for said water meter. Following the installation of the water meter and the delivery of written notice to Licensor of the same, Licensor will provide R-2 Water water service to the Ag Lot through the New Water Infrastructure and remove the Temporary Water Infrastructure, and Licensee shall continue to pay the monthly flat fee in the amount set forth in Section 1(h1(j) of the Specific Provisions. Upon the delivery of written notice to Licensee, the Water Utility Fee set forth in Section 1(h1(j) of the Specific Provisions will be based on the amount of R-2 Water water used by Licensee as determined by periodic readings of Licensee’s water meter and the price per gallon charged by Xxxx Dole under the Water Facilities Agreement. Notwithstanding anything in this Agreement to the contrary, Licensor makes no representation or warranty concerning the provision of R-2 Water or other water to the Ag Lot or any other portion of the PropertyProject.

New Water Infrastructure; Water Meters. Following installation of the Temporary Water Infrastructure, Licensor intends, and will use diligent diligence and reasonable efforts, to replace the Temporary Water Infrastructure by installing permanent improvements to the Existing Water Infrastructure (the “New Water Infrastructure”) to provide R-2 Water to the Ag Lot (and other agricultural lots in the Property). Upon written notice from Licensor that the New Water Infrastructure necessary to provide R-2 Water service to the Ag Lot has been completed, either Licensor or Licensee, as may be determined in Licensor’s discretion, shall install at Licensee’s sole cost and expense a water meter to measure the amount of R-2 Water being provided to the Ag Lot, and no R-2 Water service will be provided through the New Water Infrastructure until Licensee installs and pays for said water meter. Following the installation of the water meter and the delivery of written notice to Licensor of the same, Licensor will provide R-2 Water service to the Ag Lot through the New Water Infrastructure and remove the Temporary Water Infrastructure, and Licensee shall continue to pay the monthly flat fee in the amount set forth in Section 1(h1(j) of the Specific Provisions. Upon the delivery of written notice to Licensee, the Water Utility Fee set forth in Section 1(h1(j) of the Specific Provisions will be based on the amount of R-2 Water used by Licensee as determined by periodic readings of Licensee’s water meter and the price per gallon charged by Xxxx under the Water Facilities Agreement. Notwithstanding anything in this Agreement to the contrary, Licensor makes no representation or warranty concerning the provision of R-2 Water or other water to the Ag Lot or any other portion of the Property.