25B - AGMT ORANGE COUNTY WATER - Laserfiche WebLink

Home Browse Search

JDK:bc: 10/10/88 for RETAILER's own use, and/or enter into separate agreements with the proposed Project Customers in substantially the form to be attached to and herein incorporated as Exhibit "C" for the purchase by Project Customers of Project Water from RETAILER, contingent upon its availability from OCWD. In the event RETAILER and other purveyors of Project Water are unable by December 1, 1988 (or as otherwise agreed to in writing by OCWD) to commit to purchase for their own use, or enter into agreements for the sale of, at least fifty percent (50%) of the total demand, as set forth in Table 1 of Exhibit "B," for Project Water each year during the term hereof, this Agreement shall terminate. 2.3 RETAILER shall commence the purchase and resale of Project Water upon receiving at least sixty (60) days advance written notice from OCWD of the availability of such Project Water. 2.4 RETAILER shall purchase the Project Water from OCWD, at the point of its metered connection, for an amount to be determined by the OCWD Board of Directors in its discretion, not to exceed eighty percent (80%) of the "area groundwater cost" as defined in Section 2.5 hereinbelow. The point of connection and sale of the Project Water from OCWD to RETAILER shall be at the meter which measures the flow of Project Water to each Project Customer, as described in Section 1.4 hereinabove. 2.5 For the purpose of this Agreement, the "area groundwater cost" shall be the same as the fixed and variable 25B-12 -10- EXHIBIT 1