SUSPENSION OF WASTEWATER TREATMENT AND STORMWATER MANAGEMENT SERVICES FOR CAUSE Sample Clauses

SUSPENSION OF WASTEWATER TREATMENT AND STORMWATER MANAGEMENT SERVICES FOR CAUSE. In case of actual or anticipated Exceedance of any wastewater treatment permit, Provider has the right to suspend Service by preventing Recipient's influent from entering the wastewater treatment system and/or by ceasing operation of or discharge from the wastewater treatment system. The suspension of Service will continue for so long as the circumstance giving rise to the suspension continue to exist. The procedures to turn this suspension into a permanent termination are set forth in Section 2.2.2.(b). Such suspension of Service shall be taken only if Provider cannot reasonably prevent damage to its system or exceedance of its permit by taking other actions, including but not limited to diversion of flow, addition of chemicals or adjustment of other process flows. Provider's action shall be deemed to be fully in compliance with this Agreement if the discontinuance of Service is caused by: 1. Force Majeure 2. Routine Maintenance (after reasonable notice) 3. Installation of new equipment or repairs to existing equipment (after reasonable notice). 4. Recipient's failure to provide wastewater of sufficient quality to allow adequate treatment and/or prevent exceedance of any permit limit. EXECUTION COPY Discontinuation of Services for the above causes shall not relieve Recipient from its obligation to make payment for such Services. Provider's action shall not be deemed to be "for cause" unless discontinuance of Service is caused by: 1. Provider's negligent or willful failure to properly operate the wastewater treatment system. 2. Any Exceedance caused by discharge of Provider's wastewater to the treatment system. If Provider causes either of the above two events to happen, Recipient is relieved from making payment.
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