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Agency. For the purpose of this Contract the original record or reading of the meter or meters <br />shall be the journal or other record book of Agency in its office in which the records of the <br />employees or agents of the Agency who take readings are or may be transcribed. Upon written <br />request of a Sponsoring Public Entity, the Agency will give the Sponsoring Public Entity a copy <br />of such journal or record book, or permit the Sponsoring Public Entity to have access to the same <br />in the office of the Agency during reasonable business hours. <br />(b) The Agency shall calibrate its meters periodically, but at least once each year. <br />Each Sponsoring Public Entity shall be entitled to have a representative present during each <br />calibration, and the parties shall jointly observe any needed adjustments which are made to the <br />meters. If the check meters hereinafter provided for have been installed, the same shall also be <br />calibrated by the Sponsoring Public Entities in the presence of a representative of the Agency, <br />and the parties shall jointly observe any needed adjustment. If the Sponsoring Public Entities in <br />writing request the Agency to calibrate its meters, and the Agency gives the Sponsoring Public <br />Entities notice of the time when the calibration is to be made, and a representative of any <br />Sponsoring Public Entity is not present at the time set, the Agency may proceed with calibration <br />and adjustment in the absence of a representative of that Sponsoring Public Entity. <br />(c) If any party at any time observes a variation of one percent (1%) or more between <br />the delivery meter or meters and the check meter or meters (if any such check meter or meters <br />are installed), such party will promptly notify the other parties, and the parties hereto shall then <br />cooperate to procure an immediate calibration test and joint observation of any adjustment, and <br />the said delivery and check meter or meters shall then be tested and adjusted to accuracy. Each <br />party shall give the other parties forty-eight (48) hours' notice of the time of all tests of meters so <br />that the other parties may conveniently have a representative present. <br />(d) If upon any test, the percentage of inaccuracy of any metering equipment is found <br />to be in excess of two percent (2%), registration thereof shall be corrected for a period extending <br />back to the time when such inaccuracy began, if such time is ascertainable, and if such time is <br />not ascertainable, then for a period extending back one-half ('h) of the time elapsed since the last <br />date of calibration, but in no event further back than a period of six (6) months. If for any reason <br />any meters are out of service or out of repair so that the amount of water delivered cannot be <br />ascertained or computed from the reading thereof, the water delivered during the period such <br />meters are out of service or out of repair shall be estimated and agreed upon by the parties hereto <br />upon the basis of the best data available. For such purpose, the best data available shall be <br />deemed to be the registration of any check meter or meters if the same have been installed and <br />are accurately registering. Otherwise the amount of water delivered during such period may be <br />estimated (i) by correcting the error if the percentage of the error is ascertainable by calibration <br />tests or mathematical calculation, or (ii) by estimating the quantity of delivery by deliveries <br />during the preceding periods under similar conditions when the meter or meters were registering <br />accurately. <br />(e) One or more of the Sponsoring Public Entities may, at their option and their own <br />expense, install and operate a check meter to check each delivery meter installed by the Agency, <br />but the measurement of water for the purpose of this Contract shall be solely by the Agency's <br />meters, except in the cases hereinabove specifically provided to the contrary. All such check <br />meters shall be of standard make and shall be subject at all reasonable times to inspection and <br />examination by any employee or agent of the Agency. The reading, calibration and adjustment <br />thereof, however, shall be made only by the respective: Sponsuring Public Entity or Entities, <br />-19-