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WHOLESALE WATER CONTRACT
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THIS AGREEMENT made and entered into by and between the
CITY OF PORT ANGELES, a municipal corporation, hereinafter called
the City, and PUBLIC UTILITY DISTRICT NO. 1 OF CL COUNTY,
a municipal corporation, hereinafter called the District,
W I T N E S S E T H:
THAT WHEREAS, there is now in existence between the City
and the District a wholesale water contract and the parties
hereto desire to terminate said agreement as of the first day of
January, 1955, and to extend the sale of water by the City to the
District for a period of ten (10) years from and after January
first, 1955.
NOW, THEREFORE, the City agrees at the rate hereinafter
fixed to deliver and sell to the District at the present service
connection the wholesale water requirements of the District at
the following rates:
First 100,000 cubic feet or less 100.00
All over 100,000 cubic feet at 4X per 100 cubic feet.
The point of delivery shall be at the present service
connection of the District, and the amount of water to be delivered
by the City and purchased by the District shall be limited to the
amount receivable through the present service connection.
The water purchased by the District shall be for residents
of the areas served by said District East of the City of Port
Angeles and none of said water shall be used or sold for use of
premises or in areas for which service has been established from
the water system now operated by the City, and it is agreed that
neither party will compete with the other in the sale of water in
the areas now serviced by the other party.
All water supplied under this contract after it passes the
point of delivery shall be the property; of the District and the
City shall not be liable for any loss or damage to any person
or property whatever resulting directly or indirectly from the
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use thereof of the District or its customers, and the District
agrees to indemnify the City for and save it harmless from all
loss or damage which the City may suffer or incur by reason of
the assertion of any such claim against the City including all
fees, costs, expenses, and attorney fees incurred in defending
against such claims.
The City agrees to use reasonable diligence to furnish
uninterrupted service but shall not be liable for any interruptions
caused by strikes or any other labor disputes, accidents, or
acts of God, or any cause beyond the control of the City, or by
the necessity for making repairs or changes in the pipe line or
other facilities, and the District waives and shall not assert
any claims against the City for damages to the District caused
by any suspension, interruption, failure or curtailment of service
under this agreement.
It is further specifically agreed that billings for
services rendered shall be paid by the District monthly, and in
the event the District fails to pay such charges the City shall
without waiving any other right hereunder, and upon thirty (30)
days notice in writing to the District discontinue service
hereunder.
DATED this 2 day of A Gs S 1954.
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CITY OF PORT ANGELES
Mayor
PUBLIC UTILITY DISTRICT NO. 1
OF CLALLANI COUNTY
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