R2001-199 AUTHORIZING AGREEMENT - Laserfiche WebLink

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5. Condition of Water. ADM shall take raw water from Lake Decatur "as is" and without any representation or undertaking by the City as to the quality, condition or availability of the water. ADM shall be responsible to treat the water at the North Plant to whatever level of treatment as may be necessary to satisfy its uses for industrial cooling and process water. 6. Condition of North Plant. The parties understand that ADM has acquired the North Plant assets in "as is" condition and without any representation or undertaking by the City as to the condition, usability or suitability of the facilities at the North Plant. 7. Production of Finished Water for pomestic Prohibited. Under no ' circumstances shall ADM treat at the North Plant, within its own property or anywhere else, water withdrawn from Lake Decatur to the level of finished water for domestic use. Notwithstanding, ADM may treat water withdrawn from Lake Decatur to any levels required by any of its customers or by law or regulation for ADM's food processing operations. Subject to the final sentence of Section 9 of the Purchase Agreement, nothing herein shall be deemed or construed to prevent or prohibit ADM from producing potable water at the North Plant for use at ADM's East or West Plants or for any facilities of ADM in Macon County, Illinois or of any wholly or majority owned subsidiary of ADM except for facilities of any current or former "large user" of the City's water system, other than ADM, as that term is defined in Chapter 64 of the City Code, or any subsidiary or affiliate of such large user. 8. Rates. For all water delivered to ADM under this Agreement, ADM shall pay the City's raw water rate from time to time determined by the City Council in accordance with the terms hereof and in effect. For purposes of this Section, "water delivered to ADM" shall mean 5