Res 2004-126 - Laserfiche WebLink

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Seller and the Buyer. The Seller does not guarantee the availability of the Maximum Quantity of water each day; however, to the extent the production of Reclaimed Water at the Treatment Plant meets or exceeds the Base Quantity, the Seller will provide to the Buyer the amount of water requested by the Buyer up to the Maximum Quantity. The Buyer may purchase additional quantities of Reclaimed Water in excess of the Maximum Quantity from the Seller at the prevailing rate for the sale of Reclaimed Water for all Reclaimed Water customers as established by the Seller's governing body (the "Prevailing Rate") a market price to the extent they are available from production at the Treatment Plant and are not committed to other Reclaimed Water customers." (b) Section 1.04 is amended in its entirety to read as follows: "Section 1.04. Billing. The Seller will furnish the Buyer with an itemized monthly invoice showing the actual volume of Reclaimed Water supplied in 1,000 gallon increments and the amounts due in accordance with the Contract Rate. or other rate as applicable. In no event will the invoice amount be less than the Minimum Monthly Payment (as defined in Section 2.01) due for such month. To the extent the Minimum Monthly Payment for any month during the period from August 1. 2004 to July 30. 2006 exceeds the Buyer's actual Reclaimed Water usage of the Minimum Monthly Quantity multiplied by the Contract Rate. the Buyer will be credited with a prepayment credit (the "Prepavment Credit"). The Prepayment Credit will be applied in future months against amounts the Buyer owes the Seller for· actual Reclaimed Water usage in excess of 500.000 gallons per day in each month (the "Minimum Monthly Quantity"). Buyer may accrue Prepayment Credits up to a maximum amount of $25 1.850 (the "Maximum Balance")." (c) Section 2.01 is amended in its entirety to read as follows: "Section 2.01. Payment. The Buyer will pay to the Seller at the Seller's billing offices in San Marcos, Texas, within twenty-five days after receipt of the itemized invoice each month: (a) an initial rate of$.69 per 1,000 gallons (the "Contract Rate") of Reclaimed Water furnished, during the period beginning with the startup of Facility operations and extending through December 31, 2011, and (b) thereafter, at the Prevailing Rate prevailing rate for the sale of Reclaimed v,r ater for all Reclaimed Vl ater customers as established by the Seller's governing 00ày. Notwithstanding the foregoing. the Buyer shall make a minimum monthly paymentto the City (the "Minimum Monthly Payment") for the Minimum Monthly Quantity multiplied by the Contract Rate (through December 31. 2011 ). or the Prevailing Rate. regardless of the Buyer's actual water usage. In addition to any other amounts payable by Buyer. the Buyer will pay to the Seller a monthly fee of $250.00 for each month the Supply Line (as defined hereafter) is not in use. The Buyer shall be entitled to apply Prepayment Credits towards amounts billed by the Seller for the Buyer's actual Reclaimed Water usage in excess of the Minimum Monthly Quantity provided that such Prepayment Credits shall not be transferable to any new owner of the Facility that is not an affiliate company of the Buyer's parent company. The Seller further agrees that the Buyer may apply an existing refund credit due to the Buyer in the amount of $71.626.71 (the "Refund Credit") towards any amount owed to the Seller under this Contract. including against the Minimum Monthly Payment, until such Refund Credit is exhausted. In 2