Common use of Temporary Water Infrastructure Clause in Contracts

Temporary Water Infrastructure. As of the Agreement Date, the Existing Water Infrastructure may not be sufficient to provide R-2 Water service to all of the agricultural lots in the Property, including the Ag Lot. In the event Licensor enters into the Water Facility Agreement with Xxxx and the Existing Water Infrastructure is insufficient to provide R-2 Water to each lot, Licensor will use diligent and reasonable efforts to extend R-2 Water service to the boundary of the Ag Lot (and other agricultural lots within the Property) by installing temporary, above-ground improvements to the Existing Water Infrastructure (the “Temporary Water Infrastructure”). Until the Temporary Water Infrastructure is complete, R-2 Water may not be available to the Ag Lot. Once Licensor has notified Licensee that the Temporary Water Infrastructure is complete, Licensee may utilize the Temporary Water Infrastructure for irrigation purposes on an “as-available” basis. Licensor may place reasonable restrictions on the use of R-2 Water from the Temporary Water Infrastructure, including the amount of R-2 Water that may be drawn from the system and the time and manner that water may be drawn from the system. Meters measuring the water use for the Ag Lot will not be installed as part of the Temporary Water Infrastructure. Therefore, in lieu of paying water charges based on actual use, Licensee will pay a monthly flat fee for all water provided to the Ag Lot through the Temporary Water Infrastructure in the amount of the Water Utility Fee set forth in Section 1(h) of the Specific Provisions. Licensee shall be required to pay this flat Water Utility Fee regardless of whether Licensee uses any water during any month.

Appears in 1 contract

Samples: 99 Year License Agreement

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Temporary Water Infrastructure. As of the Agreement Date, the Existing Water Infrastructure may not be sufficient to provide R-2 Water service to all of the agricultural lots in the Property, including the Ag Lot. In the event Licensor enters into the Water Facility Agreement with Xxxx and the Existing Water Infrastructure is insufficient to provide R-2 Water to each lot, Licensor will use diligent and reasonable efforts to extend R-2 Water service to the boundary of the Ag Lot (and other agricultural lots within the Property) by installing temporary, above-ground improvements to the Existing Water Infrastructure (the “Temporary Water Infrastructure”). Until the Temporary Water Infrastructure is complete, R-2 Water may not be available to the Ag Lot. Once Licensor has notified Licensee that the Temporary Water Infrastructure is complete, Licensee may utilize the Temporary Water Infrastructure for irrigation purposes on an “as-available” basis. Licensor may place reasonable restrictions on the use of R-2 Water from the Temporary Water Infrastructure, including the amount of R-2 Water that may be drawn from the system and the time and manner that water may be drawn from the system. Meters measuring the water use for the Ag Lot will not be installed as part of the Temporary Water Infrastructure. Therefore, in lieu of paying water charges based on actual use, Licensee will pay a monthly flat fee for all water provided to the Ag Lot through the Temporary Water Infrastructure in the amount of the Water Utility Fee set forth in Section 1(h1(j) of the Specific Provisions. Licensee shall be required to pay this flat Water Utility Fee regardless of whether Licensee uses any water during any month.

Appears in 1 contract

Samples: Month to Month License Agreement

Temporary Water Infrastructure. As of the Agreement Date, the Existing Water Infrastructure may has not be sufficient to provide R-2 Water service been extended to all of the agricultural lots in the PropertyProject, including and the Ag Lot. In the event Licensor enters into the Water Facility Agreement with Xxxx and Lot may not currently have non-potable water service through the Existing Water Infrastructure is insufficient to provide R-2 Water to each lotInfrastructure. Following the Commencement Date, Licensor will use diligent and reasonable efforts to extend R-2 Water non-potable water service to the boundary of the Ag Lot (and other agricultural lots within the PropertyProject) by installing temporary, above-ground improvements to the Existing Water Infrastructure (the “Temporary Water Infrastructure”). Until the Temporary Water Infrastructure is complete, R-2 Water non-potable water may not be available to the Ag Lot. Once Licensor has notified Licensee that the Temporary Water Infrastructure is complete, Licensee may utilize the Temporary Water Infrastructure for irrigation purposes on an “as-available” basis. Licensor may place reasonable restrictions on the use of R-2 Water water from the Temporary Water Infrastructure, including the amount of R-2 Water water that may be drawn from the system and the time and manner that water may be drawn from the system. Meters measuring the water use for the Ag Lot will not be installed as part of the Temporary Water Infrastructure. Therefore, in lieu of paying water charges based on actual use, Licensee will pay a monthly flat fee for all water provided to the Ag Lot through the Temporary Water Infrastructure in the amount of the Water Utility Fee set forth in Section 1(h) of the Specific Provisions. Licensee shall be required to pay this flat Water Utility Fee regardless of whether Licensee uses any water during any month.

Appears in 1 contract

Samples: 99 Year License Agreement

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Temporary Water Infrastructure. As of the Agreement Date, the Existing Water Infrastructure may has not be sufficient to provide R-2 Water service been extended to all of the agricultural lots in the PropertyProject, including and the Ag Lot. In the event Licensor enters into the Water Facility Agreement with Xxxx and Lot may not currently have non-potable water service through the Existing Water Infrastructure is insufficient to provide R-2 Water to each lotInfrastructure. Following the Commencement Date, Licensor will use diligent and reasonable efforts to extend R-2 Water non-potable water service to the boundary of the Ag Lot (and other agricultural lots within the PropertyProject) by installing temporary, above-ground improvements to the Existing Water Infrastructure (the “Temporary Water Infrastructure”). Until the Temporary Water Infrastructure is complete, R-2 Water non-potable water may not be available to the Ag Lot. Once Licensor has notified Licensee that the Temporary Water Infrastructure is complete, Licensee may utilize the Temporary Water Infrastructure for irrigation purposes on an “as-available” basis. Licensor may place reasonable restrictions on the use of R-2 Water water from the Temporary Water Infrastructure, including the amount of R-2 Water water that may be drawn from the system and the time and manner that water may be drawn from the system. Meters measuring the water use for the Ag Lot will not be installed as part of the Temporary Water Infrastructure. Therefore, in lieu of paying water charges based on actual use, Licensee will pay a monthly flat fee for all water provided to the Ag Lot through the Temporary Water Infrastructure in the amount of the Water Utility Fee set forth in Section 1(h1(j) of the Specific Provisions. Licensee shall be required to pay this flat Water Utility Fee regardless of whether Licensee uses any water during any month.

Appears in 1 contract

Samples: Month to Month License Agreement

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