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4. Limitation on Take. ADM understands that Lake Decatur is owned by the City <br /> and is the source of supply for the City's water system. <br /> (a) ADM shall not withdraw raw water from Lake Decatur in excess of 24 <br /> MGD, with a day being measured as a 24 hour period beginning at <br /> midnight. <br /> (b) The City shall have reasonable access to the North Plant for inspection <br /> and disconnection of supply, if such disconnection is permitted pursuant <br /> to the terms hereof. ADM shall maintain all existing devices of <br /> disconnection. <br /> (c) In the event that ADM shall exceed the limitations on its withdrawal on an <br /> average day basis in any billing cycle, upon one (1) hours prior notice, the <br /> City may close the valves so as to restrict ADM's withdrawals from Lake <br /> Decatur to the limitations. If ADM shall exceed the above limits on an <br /> average day basis during three billing cycles in any calendar year, the City <br /> may declare a default of this Agreement. <br /> (d) In addition, for all water taken by ADM in excess of the limits set forth in <br /> Paragraph 4(a), ADM shall pay a penalty as follows: a surcharge of$1.00 <br /> per 1,000 gallons for each 1,000 gallons or fraction thereof of exceedance <br /> in a day. <br /> (e) In the event that the raw water capacity in Lake Decatur shall decline <br /> materially due to weather conditions, excessive usage, or otherwise, upon <br /> 3 <br />