Common use of Water Charges Clause in Contracts

Water Charges. 4.1 The Farmer shall pay to the Company Water Charges on a per Share basis at an amount to be determined in the Company's sole discretion to recover all capital, operating and specific farmer expenses. The Company may determine a different rate between shareholders, taking into account such factors as it deems appropriate, including volume of water, efficiency, reliability, pressure, cost of delivery and location. 4.2 The Water Charges shall be payable at such time and in such manner as the Company may from time to time determine. 4.3 Capital expenses incurred by the Company include, without limitation: (a) construction and Consent costs in respect of the Scheme Infrastructure; and (b) interest and capital payments on any bank loan, other loan or financing taken out by the Company to fund capital projects (i.e. Scheme Infrastructure). 4.4 Operating expenses incurred by the Company include, without limitation, all costs in relation to: (a) maintenance and repairs of the Scheme Infrastructure; (b) electricity and other utility costs; (c) any royalty or tax introduced and levied on water to be taken as part of the Scheme; (d) costs of running and administering the Company; (e) monitoring and compliance costs; (f) costs incurred by directors and directors’ fees; (g) costs payable to professionals and service providers to the Company; and (h) any rental, premises costs (including utilities), if applicable. 4.5 Specific expenses incurred by the Company which are particular to a specific Farmer in respect of the supply of water including, without limitation, all costs (which are not appropriate for the Company to pay) in relation to: (a) specific construction and Consent costs in respect of the Scheme Infrastructure required to ensure and maintain access to water by the Farmer; (b) maintenance and repairs of Scheme Infrastructure; (c) delivery or operating costs (e.g. electricity); and (d) costs incurred as a result of the Farmer breaching this Agreement and/or the Consent Conditions in relation to its water take and use including enforcement costs. 4.6 The Water Charges as determined by this clause 4 shall be payable by the Farmer to the Company whether or not the Farmer takes the water during the Irrigation Season and notwithstanding that the supply of water to the Land may be cut off or suspended pursuant to the provisions of this Agreement. 4.7 In the event of non-payment of any Water Charges due under this Agreement, then without prejudice to the Company’s other rights and remedies, penalty interest at a rate of 5% above the commercial overdraft rate of the Company’s bank (from time to time) shall accrue from the date of non-payment to the date the payment is actually made. The Farmer shall also be responsible for the Company's recovery costs, including without limitation, legal costs on a client/solicitor basis.

Water Charges. 4.1 5.1 The Farmer Xxxxxx shall pay to the Company Water Charges on a per Share basis at an amount to be determined by the Company in the Company's its sole discretion to recover all capital, operating and specific farmer xxxxxx expenses. The Company may determine a different rate between shareholders, taking into account such factors as it deems appropriate, including volume of water, efficiency, reliability, pressure, cost of delivery and location. 4.2 5.2 The Water Charges shall be payable at such time and in such manner as the Company may from time to time determine. 4.3 5.3 Capital expenses incurred by the Company include, without limitation: (a) construction and Consent consent costs in respect of the Scheme Infrastructure; and (b) interest and capital payments on any bank loan, other loan or financing taken out by the Company to fund capital projects (i.e. Scheme Infrastructure). 4.4 5.4 Operating expenses incurred by the Company includeincluding, without limitation, all costs in relation to: (a) maintenance and repairs of the Scheme Infrastructure; (b) electricity and other utility costs; (c) any royalty or tax introduced and levied on water to be taken as part of the Scheme; (d) costs of running and administering the Company; (e) Consent costs; (f) monitoring and compliance costs; (fg) costs incurred by directors and directors’ fees; (gh) costs payable to professionals and service providers to the Company; and (hi) any rental, premises costs (including utilities), if applicable. 4.5 5.5 Specific expenses incurred by the Company which are particular to a specific Farmer Xxxxxx in respect of the supply of water including, without limitation, all costs (which are not appropriate for the Company to pay) including, without limitation, all costs in relation to: (a) specific construction and Consent costs in respect of the Scheme Infrastructure required to ensure and maintain access to water by the FarmerXxxxxx; (b) maintenance and repairs of Scheme Infrastructure; (c) delivery or operating costs (e.g. electricity); (d) water charges for spreading rights under clause 3.3; and (de) costs incurred as a result of the Farmer Xxxxxx breaching this Agreement and/or the Consent Conditions in relation to its water take and use including enforcement costs. 4.6 5.6 The Water Charges as determined by this clause 4 5 shall be payable by the Farmer Xxxxxx to the Company whether or not the Farmer Xxxxxx takes the water during the Irrigation Season and notwithstanding that the supply of water to the Land may be cut off or suspended pursuant to the provisions of this AgreementAgreement or for any other reason outside of the Company's control. 4.7 5.7 In the event of non-payment of any Water Charges due under this Agreement, then without prejudice to the Company’s other rights and remedies, penalty interest at a rate of 52% above the commercial overdraft rate of the Company’s bank (from time to time) per month shall accrue from the date of non-payment to the date the payment is actually made. The Farmer Xxxxxx shall also be responsible for the Company's recovery costs, including without limitation, legal costs on a client/solicitor basis.

Water Charges. ‌ 4.1 The Farmer shall pay to the Company Water Charges on a per Share basis at an amount to be determined in the Company's sole discretion to recover all capital, operating and specific farmer expenses. The Company may determine a different rate between shareholders, taking into account such factors as it deems appropriate, including volume of water, efficiency, reliability, pressure, cost of delivery and location. 4.2 The Water Charges shall be payable at such time and in such manner as the Company may from time to time determine. 4.3 Capital expenses incurred by the Company include, without limitation: (a) construction and Consent costs in respect of the Scheme Infrastructure; and (b) interest and capital payments on any bank loan, other loan or financing taken out by the Company to fund capital projects (i.e. Scheme Infrastructure). 4.4 Operating expenses incurred by the Company include, without limitation, all costs in relation to: (a) maintenance and repairs of the Scheme Infrastructure; (b) electricity and other utility costs; (c) any royalty or tax introduced and levied on water to be taken as part of the Scheme; (d) costs of running and administering the Company; (e) monitoring and compliance costs; (f) costs incurred by directors and directors’ fees; (g) costs payable to professionals and service providers to the Company; and (h) any rental, premises costs (including utilities), if applicable. 4.5 Specific expenses incurred by the Company which are particular to a specific Farmer in respect of the supply of water including, without limitation, all costs (which are not appropriate for the Company to pay) in relation to: (a) specific construction and Consent costs in respect of the Scheme Infrastructure required to ensure and maintain access to water by the Farmer; (b) maintenance and repairs of Scheme Infrastructure; (c) delivery or operating costs (e.g. electricity); and (d) costs incurred as a result of the Farmer breaching this Agreement and/or the Consent Conditions in relation to its water take and use including enforcement costs. 4.6 The Water Charges as determined by this clause 4 shall be payable by the Farmer to the Company whether or not the Farmer takes the water during the Irrigation Season and notwithstanding that the supply of water to the Land may be cut off or suspended pursuant to the provisions of this Agreement. 4.7 In the event of non-payment of any Water Charges due under this Agreement, then without prejudice to the Company’s other rights and remedies, penalty interest at a rate of 5% above the commercial overdraft rate of the Company’s bank (from time to time) shall accrue from the date of non-payment to the date the payment is actually made. The Farmer shall also be responsible for the Company's recovery costs, including without limitation, legal costs on a client/solicitor basis.