Common use of Quality of Water Clause in Contracts

Quality of Water. Section 1. BWS shall supply MCWD with potable water conforming to Annex “A” - MCWD Water Quality Standards. Failure of BWS to comply with the standards or the specifications provided therein shall give MCWD the right to unilaterally refuse acceptance taking into consideration first and foremost the general public health and safety and BWS shall be liable for penalty provided for in Section 2 of Article XVII “Penalty for Short Delivery.” Frequency of tests shall be as often as the frequency indicated under the “Protocol on Water Quality for Water Supply from MCWD Bulk Water Suppliers” attached as Annex “G,”8 when the circumstances require. Further, failure to comply with MCWD Water Quality Standards shall entitle MCWD to impose the applicable penalty as provided in Section 3 of Article XVII “Penalty for Non-Compliance to Water Quality Standards”. The MCWD Water Quality Laboratory shall be the official laboratory to undertake the required tests as per MCWD Water Quality Standards. MCWD shall submit a statement of account to the BWS for the cost of the laboratory tests conducted and the same shall be deducted from the latest billings xx xxx XWS. Should BWS contest any test result performed by MCWD, the issue shall be resolved through an Independent Laboratory applying the “Protocol on Water Quality for Water Supply from MCWD Bulk Water Suppliers” under Annex “G”8 shall be at the expense of the BWS. MCWD’s unilateral refusal to accept water supply shall be based on the following, among others: a. Complaints on water quality such as foul smell, discoloration and/or turbidity; b. Unacceptable Field Test results for residual chlorine; c. Failed laboratory test results on bacteriological, physical and chemical analysis. In case the failure to comply with water quality standards warrant closure of the facilities as provided under the “Protocol on Water Quality for Water Supply from MCWD Bulk Water Suppliers,” MCWD shall notify BWS’s field personnel within three (3) hours prior to closure. Subsequent formal notice of closure shall be sent to BWS within two (2) calendar days after closure. MCWD shall not be liable for any damage that may be incurred arising out of the closure. Operations shall only resume if all water quality disputes shall have been resolved. Section 2. Prior to the construction of the discharge pipeline route (from the water source to the main injection point), the same shall be evaluated by MCWD for purposes of preventing water contamination. Section 3. Quality of the input water to MCWD will be monitored from a sampling point as specified in Annex “D”. Section 4. Quality of the delivered water must not deteriorate due to side reactions with existing pipelines and appurtenances’ materials or must not be altered because of its biological and/or chemical components and the transformation it undergoes due to reaction dynamics that are incidental to the types and/or modes of treatment processes employed by BWS. Section 5. BWS shall, at its own cost and expense, employ all appropriate pre- treatment and/or post-treatment processes necessary in correcting the instability and/or impairment of the water quality. BWS shall replace the installed Brackish Water Reverse Osmosis (SWRO) membranes as required, for the duration of this Agreement. BWS shall submit to MCWD the brand and serial number of all SWRO membranes installed. Section 6. The WATER QUALITY of the delivered water by the BWS shall be monitored at the injection/sampling point by a REAL-TIME MONITORING device/equipment/ system capable of data-logging every 10 minutes and preferably capable to transmit logged-data to the 8 Annex “G” – Protocol on Water Quality for Water Supply from MCWD Bulk Water Suppliers existing MCWD SCADA Main Control Center. The device to be installed shall have an accreditation from MCWD Laboratory. The REAL-TIME MONITORING device shall primarily be monitoring the following parameters: a. Residual Chlorine in ppm; b. water temperature; c. pH (if available in the market); d. TDS with Conductivity, Resistivity, Salinity; Xxxxxxn 7. BWS shall at any time, allow full access to MCWD in order for the latter to gather water samples at the sampling point located at the meter vault. Section 8. Except on extreme emergency cases, BWS must notify MCWD within seventy-two (72) hours prior to any activity that would require interruption of service that could possibly affect water quality such as repair of BWS’s water mains, appurtenances and sources. This procedure should be strictly observed so that corresponding re-sampling and testing can be conducted before re-feeding water back to MCWD’s system. ARTICLE IX. PRODUCTION AVAILABILITY & INTERRUPTION DUE TO PLANNED AND UNPLANNED DOWNTIME Section 1. PLANNED OUTAGE, MAINTENANCE PROGRAM AND SCHEDULE 1.1. Each party shall submit the Annual Schedule of Planned Maintenance to other party, not later than thirty (30) calendar days prior to the start of each calendar year for the purpose of obtaining the consent of the other party. The BWS shall coordinate with the MCWD as to maximize overlap of any planned downtime with any scheduled maintenance. The BWS shall exert all efforts to plan the duration of a downtime not exceeding twenty-four (24) hours, and may be extended within justifiable reasons.

Quality of Water. Section 1. BWS shall supply MCWD with potable water conforming to Annex “A” - MCWD Water Quality Standards. Failure of BWS to comply with the standards or the specifications provided therein shall give MCWD the right to unilaterally refuse acceptance taking into consideration first and foremost the general public health and safety and BWS shall be liable for penalty provided for in Section 2 of under Article XVII “Penalty for Short DeliveryDamages and Penalties.” Frequency of tests shall be as often as the frequency indicated under the “Protocol on Water Quality for Water Supply from MCWD Bulk Water Suppliers” attached as Annex “G,”8 H”8 when the circumstances require. Further, failure to comply with MCWD Water Quality Standards shall entitle MCWD to impose the applicable penalty as provided in Section 3 of Article XVII “Penalty for Non-Compliance to Water Quality Standards”. The MCWD Water Quality Laboratory shall be the official laboratory to undertake the required tests as per MCWD Water Quality Standards. MCWD shall submit a statement of account to the BWS for the cost of the laboratory tests conducted and the same shall be deducted from the latest billings xx xxx XWSof the BWS. Should BWS contest any test result performed by MCWD, the issue shall be resolved through an Independent Laboratory applying the “Protocol on Water Quality for Water Supply from MCWD Bulk Water Suppliers” under Annex “G”8 shall be H”10 at the expense xxxxxse of the BWS. MCWD’s unilateral refusal to accept water supply shall be based on the following, among others: a. Complaints on water quality such as foul smell, discoloration and/or turbidity; b. Unacceptable Field Test results for residual chlorine; c. Failed laboratory test results on bacteriological, physical and chemical analysis. In case the failure to comply with water quality standards warrant closure of the facilities as provided under the “Protocol on Water Quality for Water Supply from MCWD Bulk Water Suppliers,” MCWD shall notify BWS’s field personnel within three (3) hours prior to closure. Subsequent formal notice of closure shall be sent to BWS within two (2) calendar days after closure. MCWD shall not be liable for any damage that may be incurred arising out of the closure. Operations shall only resume if all water quality disputes shall have been resolved. Section 2. Prior to the construction of the discharge pipeline route (from the water source to the main injection point), the same shall be evaluated by MCWD for purposes of preventing water contamination. Section 3. Quality of the input water to MCWD will be monitored from a sampling point as specified in Annex “D”. Section 4. Quality of the delivered water must not deteriorate due to side reactions with existing pipelines and appurtenances’ materials or must not be altered because of its biological and/or chemical components and the transformation it undergoes due to reaction dynamics that are incidental to the types and/or modes of treatment processes employed by BWS. Section 5. BWS shall, at its own cost and expense, employ all appropriate pre- treatment and/or post-treatment processes necessary in correcting the instability and/or impairment of the water quality. BWS shall replace the installed Brackish Water Reverse Osmosis (SWRO) membranes as required, for the duration of this Agreement. BWS shall submit to MCWD the brand and serial number of all SWRO membranes installed. Section 6. The WATER QUALITY of the delivered water by the BWS shall be monitored at the injection/sampling point by a REAL-TIME MONITORING device/equipment/ system capable of data-logging every 10 minutes and preferably capable to transmit logged-data to the 8 Annex “G” – Protocol on Water Quality for Water Supply from MCWD Bulk Water Suppliers existing MCWD SCADA Main Control Center. The device to be installed shall have an accreditation from MCWD Laboratory. The REAL-TIME MONITORING device shall primarily be monitoring the following parameters: a. Residual Chlorine in ppm; b. water temperature; c. pH (if available in the market); d. TDS with Conductivity, Resistivity, Salinity; Xxxxxxn 7. BWS shall at any time, allow full access to ; 10 Annex “H” – Protocol on Water Quality for Water Supply from MCWD in order for the latter to gather water samples at the sampling point located at the meter vault. Section 8. Except on extreme emergency cases, BWS must notify MCWD within seventy-two (72) hours prior to any activity that would require interruption of service that could possibly affect water quality such as repair of BWS’s water mains, appurtenances and sources. This procedure should be strictly observed so that corresponding re-sampling and testing can be conducted before re-feeding water back to MCWD’s system. ARTICLE IX. PRODUCTION AVAILABILITY & INTERRUPTION DUE TO PLANNED AND UNPLANNED DOWNTIME Section 1. PLANNED OUTAGE, MAINTENANCE PROGRAM AND SCHEDULE 1.1. Each party shall submit the Annual Schedule of Planned Maintenance to other party, not later than thirty (30) calendar days prior to the start of each calendar year for the purpose of obtaining the consent of the other party. The BWS shall coordinate with the MCWD as to maximize overlap of any planned downtime with any scheduled maintenance. The BWS shall exert all efforts to plan the duration of a downtime not exceeding twenty-four (24) hours, and may be extended within justifiable reasons.Bulk Water Suppliers

Quality of Water. Section 1. BWS shall supply MCWD with potable water conforming to Annex “A” - MCWD Water Quality Standards. Failure of BWS to comply with the standards or the specifications provided therein shall give MCWD the right to unilaterally refuse acceptance taking into consideration first and foremost the general public health and safety and BWS shall be liable for penalty provided for in Section 2 of Article XVII “Penalty for Short Delivery.” Frequency of tests shall be as often as the frequency indicated under the “Protocol on Water Quality for Water Supply from MCWD Bulk Water Suppliers” attached as Annex “G,”8 when the circumstances require. Further, failure to comply with MCWD Water Quality Standards shall entitle MCWD to impose the applicable penalty as provided in Section 3 of Article XVII “Penalty for Non-Compliance to Water Quality Standards”. The MCWD Water Quality Laboratory shall be the official laboratory to undertake the required tests as per MCWD Water Quality Standards. MCWD shall submit a statement of account to the BWS for the cost of the laboratory tests conducted and the same shall be deducted from the latest billings xx xxx XWS. Should BWS contest any test result performed by MCWD, the issue shall be resolved through an Independent Laboratory applying the “Protocol on Water Quality for Water Supply from MCWD Bulk Water Suppliers” under Annex “G”8 shall be G” at the expense of the BWS. 8 Annex “G” – Protocol on Water Quality for Water Supply from MCWD Bulk Water Suppliers MCWD’s unilateral refusal to accept water supply shall be based on the following, among others: a. Complaints on water quality such as foul smell, discoloration and/or turbidity; b. Unacceptable Field Test results for residual chlorine; c. Failed laboratory test results on bacteriological, physical and chemical analysis. In case the failure to comply with water quality standards warrant closure of the facilities as provided under the “Protocol on Water Quality for Water Supply from MCWD Bulk Water Suppliers,” MCWD shall notify BWS’s field personnel within three (3) hours prior to closure. Subsequent formal notice of closure shall be sent to BWS within two (2) calendar days after closure. MCWD shall not be liable for any damage that may be incurred arising out of the closure. Operations shall only resume if all water quality disputes shall have been resolved. Section 2. Prior to the construction of the discharge pipeline route (from the water source to the main injection point), the same shall be evaluated by MCWD for purposes of preventing water contamination. Section 3. Quality of the input water to MCWD will be monitored from a sampling point as specified in Annex “D”. Section 4. Quality of the delivered water must not deteriorate due to side reactions with existing pipelines and appurtenances’ materials or must not be altered because of its biological and/or chemical components and the transformation it undergoes due to reaction dynamics that are incidental to the types and/or modes of treatment processes employed by BWS. Section 5. BWS shall, at its own cost and expense, employ all appropriate pre- treatment and/or post-treatment processes necessary in correcting the instability and/or impairment of the water quality. BWS shall replace the installed Brackish Water Seawater Reverse Osmosis (SWRO) membranes as required, for the duration of this Agreement. BWS shall submit to MCWD the brand and serial number of all SWRO membranes installed. Section 6. The WATER QUALITY of the delivered water by the BWS shall be monitored at the injection/sampling point by a REAL-TIME MONITORING device/equipment/ system capable of data-logging every 10 minutes and preferably capable to transmit logged-data to the 8 Annex “G” – Protocol on Water Quality for Water Supply from MCWD Bulk Water Suppliers existing MCWD SCADA Main Control Center. The device to be installed shall have an accreditation from MCWD Laboratory. The REAL-TIME MONITORING device shall primarily be monitoring the following parameters: a. Residual Chlorine in ppm; b. water temperature; c. pH (if available in the market); d. TDS with Conductivity, Resistivity, Salinity; Xxxxxxn 7. BWS shall at any time, allow full access to MCWD in order for the latter to gather water samples at the sampling point located at the meter vault. Section 8. Except on extreme emergency cases, BWS must notify MCWD within seventy-two (72) hours prior to any activity that would require interruption of service that could possibly affect water quality such as repair of BWS’s water mains, appurtenances and sources. This procedure should be strictly observed so that corresponding re-sampling and testing can be conducted before re-feeding water back to MCWD’s system. ARTICLE IX. PRODUCTION AVAILABILITY & INTERRUPTION DUE TO PLANNED AND UNPLANNED DOWNTIME Section 1. PLANNED OUTAGE, MAINTENANCE PROGRAM AND SCHEDULE 1.1. Each party shall submit the Annual Schedule of Planned Maintenance to other party, not later than thirty (30) calendar days prior to the start of each calendar year for the purpose of obtaining the consent of the other party. The BWS shall coordinate with the MCWD as to maximize overlap of any planned downtime with any scheduled maintenance. The BWS shall exert all efforts to plan the duration of a downtime not exceeding twenty-four (24) hours, and may be extended within justifiable reasons.

Quality of Water. Section 1. BWS shall supply MCWD with potable water conforming to Annex “A” - MCWD Water Quality Standards. Failure of BWS to comply with the standards or the specifications provided therein shall give MCWD the right to unilaterally refuse acceptance taking into consideration first and foremost the general public health and safety and BWS shall be liable for penalty provided for in Section 2 of Article XVII “Penalty for Short Delivery.” Frequency of tests shall be as often as the frequency indicated under the “Protocol on Water Quality for Water Supply from MCWD Bulk Water Suppliers” attached as Annex “G,”8 when the circumstances require. Further, failure to comply with MCWD Water Quality Standards shall entitle MCWD to impose the applicable penalty as provided in Section 3 of Article XVII “Penalty for Non-Compliance to Water Quality Standards”. The MCWD Water Quality Laboratory shall be the official laboratory to undertake the required tests as per MCWD Water Quality Standards. MCWD shall submit a statement of account to the BWS for the cost of the laboratory tests conducted and the same shall be deducted from the latest billings xx xxx XWS. Should BWS contest any test result performed by MCWD, the issue shall be resolved through an Independent Laboratory applying the “Protocol on Water Quality for Water Supply from MCWD Bulk Water Suppliers” under Annex “G”8 shall be G” at the expense of the BWS. MCWD’s unilateral refusal to accept water supply shall be based on the following, among others: a. Complaints on water quality such as foul smell, discoloration and/or turbidity; b. Unacceptable Field Test results for residual chlorine; c. Failed laboratory test results on bacteriological, physical and chemical analysis. In case the failure to comply with water quality standards warrant closure of the facilities as provided under the “Protocol on Water Quality for Water Supply from MCWD Bulk Water Suppliers,” MCWD shall notify BWS’s field personnel within three (3) hours prior to closure. Subsequent formal notice of closure shall be sent to BWS within two (2) calendar days after closure. MCWD shall not be liable for any damage that may be incurred arising out of the closure. Operations shall only resume if all water quality disputes shall have been resolved. Section 2. Prior to the construction of the discharge pipeline route (from the water source to the main injection point), the same shall be evaluated by MCWD for purposes of preventing water contamination. Section 3. Quality of the input water to MCWD will be monitored from a sampling point as specified in Annex “D”. Section 4. Quality of the delivered water must not deteriorate due to side reactions with existing pipelines and appurtenances’ materials or must not be altered because of its biological and/or chemical components and the transformation it undergoes due to reaction dynamics that are incidental to the types and/or modes of treatment processes employed by BWS. Section 5. BWS shall, at its own cost and expense, employ all appropriate pre- treatment and/or post-treatment processes necessary in correcting the instability and/or impairment of the water quality. BWS shall replace the installed Brackish Water Reverse Osmosis (SWRO) membranes as required, for the duration of this Agreement. BWS shall submit to MCWD the brand and serial number of all SWRO membranes installed. Section 6. The WATER QUALITY of the delivered water by the BWS shall be monitored at the injection/sampling point by a REAL-TIME MONITORING device/equipment/ system capable of data-logging every 10 minutes and preferably capable to transmit logged-data to the 8 Annex “G” – Protocol on Water Quality for Water Supply from MCWD Bulk Water Suppliers existing MCWD SCADA Main Control Center. The device to be installed shall have an accreditation from MCWD Laboratory. The REAL-TIME MONITORING device shall primarily be monitoring the following parameters: a. Residual Chlorine in ppm; b. water temperature; c. pH (if available in the market); d. TDS with Conductivity, Resistivity, Salinity; Xxxxxxn 7. BWS shall at any time, allow full access to MCWD in order for the latter to gather water samples at the sampling point located at the meter vault. Section 8. Except on extreme emergency cases, BWS must notify MCWD within seventy-two (72) hours prior to any activity that would require interruption of service that could possibly affect water quality such as repair of BWS’s water mains, appurtenances and sources. This procedure should be strictly observed so that corresponding re-sampling and testing can be conducted before re-feeding water back to MCWD’s system. ARTICLE IX. PRODUCTION AVAILABILITY & INTERRUPTION DUE TO PLANNED AND UNPLANNED DOWNTIME Section 1. PLANNED OUTAGE, MAINTENANCE PROGRAM AND SCHEDULE 1.1. Each party shall submit the Annual Schedule of Planned Maintenance to other party, not later than thirty (30) calendar days prior to the start of each calendar year for the purpose of obtaining the consent of the other party. The BWS shall coordinate with the MCWD as to maximize overlap of any planned downtime with any scheduled maintenance. The BWS shall exert all efforts to plan the duration of a downtime not exceeding twenty-four (24) hours, and may be extended within justifiable reasons.