Water Services Agreement. That certain water services agreement dated [_______] made by and between Producer and Processor.
Water Services Agreement. (a) The Parties shall use commercially reasonable efforts to negotiate prior to Closing (and enter into at Closing) a form of Water Services Agreement containing terms that are consistent in all material respects with the terms set forth on Exhibit F-2 and such additional terms that are reasonably acceptable to Buyer and Sellers (the “Water Services Agreement”). If the Parties have agreed upon a form of Water Services Agreement prior to Closing, Buyer and Sellers (or an Affiliate of Sellers) shall execute and deliver to each other a counterpart of such Water Services Agreement at the Closing.
(b) If the Parties fail to execute and deliver a Water Services Agreement at the Closing, then (i) Buyer shall withhold from and reduce the Estimated Closing Payment by Thirty Million Dollars ($30,000,000) (the “Water Supply Asset Value”), (ii) the Water Assets transferred from Sellers to Buyer at Closing shall not include the Freshwater Xxxxx or flowlines related thereto (the “Retained Water Supply Assets”), (iii) the Parties shall revise the Xxxx of Sale, the Shared Use Agreement, and any other documents or certificates delivered pursuant to this Agreement to give effect to the exclusion of the Retained Water Supply Assets and (iv) for a period of six (6) months after the Closing Date (the “WSA Negotiation Period”), the Parties shall continue to use commercially reasonable efforts to negotiate and enter into a Water Services Agreement.
(c) If the Parties execute and deliver a Water Services Agreement during the WSA Negotiation Period, then concurrently with the execution of such agreement, Buyer and Sellers shall enter into one or more Bills of Sale necessary to effectuate the transfer, assignment and conveyance to Buyer of the Retained Water Supply Assets, and Buyer shall pay the Water Supply Asset Value by wire transfer to HFS in immediately available funds.
Water Services Agreement. Bryan County and Effingham County agree to diligently pursue the negotiation, approval, and execution of a Water Services Agreement, with such Water Services Agreement to contain the terms, conditions, and provisions by which Bryan County may install, operate, and maintain water infrastructure within the real property owned by the Effingham BOC, as contemplated by this Agreement and the easement agreement entered into by and between Bryan County and Effingham County. Both Bryan County and Effingham County agree not to unreasonably condition, delay, or deny the approval and execution of such Water Services Agreement. Notwithstanding the foregoing, Bryan County shall have the right to install, operate, maintain, repair, renew, expand and improve water, reuse, sewer and wastewater infrastructure within portions of the Properties not owned by the Effingham BOC for which Bryan County has existing easement and/or other property rights. Any permitting and inspection of future infrastructure to be installed within the Properties shall be in accordance with Section 3 of this Agreement.
Water Services Agreement. A. For On-Main, Not Using Properties: No Water Services Agreement is required. Future customers must instead fill out a Water Service Application.
B. For Properties which Require an Extension of the Public Water Infrastructure:
1. The Water Utility Manager will modify the template Water Services Agreement, as shown in Appendix G: Template Water Services Agreement. A copy of the modified agreement for applicant review will be returned to the applicant within five (5) business days.
2. If the applicant agrees to the terms outlined by the Water Utility Manager, the Water Utility Manager will submit the agreement to the City Attorney for review and approval. Once approved, the applicant shall execute the Water Services Agreement and return to the Water Utility Manager. The Director of Public Works/City Engineer will execute the Water Services Agreement on behalf of the Mequon Water Utility and return a copy to the applicant. Upon execution of the Water Services Agreement, the applicant may proceed with design and construction in accordance with Section XI.
3. If the applicant does not agree to the terms outlined by the Water Utility Manager, the applicant may petition the Water Utility Commission for consideration. Applications will be placed on a Water Utility Commission meeting agenda within 90 days of receipt.
C. Water Trust The Water Services Agreement will address whether the facilities installed need repairs or upgrades prior to the Utility accepting them, unless the agreement between the Mequon Water Utility and the Water Trust provides that the Water Trust will install, repair or upgrade and pay for the facilities. The terms of the Water Services Agreement for water trusts are as follows:
1. Acknowledgement of Intent to Connect: An initial letter will be sent to the respective Water Trust acknowledging the interest to connect to the Mequon Water Utility. This letter will outline the procedures and timeframe for the depreciation and condition assessment procedures. An initial meeting may be scheduled to review the policy and procedures.
