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i <br /> i <br /> i <br /> I <br /> ADM, such advice, training and transition assistance prior to Closing, subject to availability of <br /> personnel. <br /> i <br /> 9. Potable Water Supply. ADM shall obtain all of the potable water supply <br /> i <br /> requirements for its plants from the City.The parties understand that the City will provide to <br /> ADM a potable water supply, at rates determined by the City and from time to time in effect, at a <br /> I <br /> volume not to exceed six-(6)million gallons per day("MGD"),with a day being a 24 hour period <br /> i <br /> beginning at midnight.In the event that ADM shall exceed the limitation by ten (10)per cent or <br /> I <br /> more in any billing cycle,the City may close valves so as to restrict the delivery of potable water <br /> to the limitation.In addition,ADM shall install,at ADM's cost,real time metering to monitor and <br /> enforce the limitation on ADM's potable water take.For all potable water taken by ADM in <br /> excess of the limit,ADM shall pay a penalty rate of 200 percent of the regular applicable rate. <br /> Notwithstanding the foregoing,ADM may obtain a potable water supply from a source other than <br /> the City provided that the alternative source is not recycled wastewater and that ADM makes a <br /> minimum monthly payment to the City calculated based on a minimum daily take of 1.0 MGD <br /> multiplied by the then effective applicable rates of the City. <br /> In.the event that an emergency due to weather conditions, excessive usage, or otherwise <br /> exists with the water supply,that curtails or limits the ability of ADM to use raw water from the <br /> North Water Treatment Plant,ADM shall be allowed to use more than six(6)million gallons to a <br /> maximum of twelve (12)million gallons of potable water per day from the South Water <br /> Treatment Plant at the current rates and without discount or penalty. Said use is subj ect to any <br /> mandatory restrictions placed upon usage by the community by the City. <br /> 10. Conservation. ADM-shall employ reasonable policies,programs-and equipment to <br /> avoid wasteful use of water produced at.the North Plant and leakage/unaccounted water in excess <br /> of 8%. To monitor for leakage and unaccounted for water,ADM shall install and monitor <br /> necessary <br />