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. . ., <br /> events that disrupt normal metering. The City's initial rate for raw water <br /> sold to ADM under this Agreement shall be $0.35 per 1,000 gallons. Any <br /> increase or decrease in this rate shall be of the same percentage as any <br /> increase or decrease in annual operation and maintenance expense ("O & <br /> M") of the City respecting Lake Decatur. However, no increase or <br /> decrease may exceed the annual increase or decrease in the Consumer <br /> Price Index for All Urban Customers for Chicago for the comparable year. <br /> The City will bill ADM monthly for raw water provided under this <br /> Agreement. All bills will be due and payable thirty(30) days after their <br /> date. In the event ADM fails to make payment when due, ADM shall pay <br /> a late payment charge of one and one-half percent (1 %2%)per month. In <br /> addition, upon five (5) days actual notice or eight (8) days mailed notice, <br /> the City may disconnect the raw water supply for non-payment and make <br /> a charge as determined by the City Council for disconnection and <br /> reconnection. <br /> 11. Changes to Section 9 of the Raw Water Supply Agreement. <br /> a. Section 9 of the Raw Water Supply Agreement shall be amended by <br /> amending and restating the fifth sentence thereof in its entirety as follows: <br /> "Prior to commencement of any such Lake Improvement work, the City <br /> shall give ADM written notice and a thirty(30) day period for comment; <br /> provided that, the provisions of this Section shall apply to, and no notice <br /> shall be required for, Lake Improvement work begun, or for which a <br /> contract has been approved by the City Council, on or after November 1, <br /> 1999 and prior to the execution of this Raw Water Supply Agreement." <br /> b. Section 9 of the Raw Water Supply Agreement is further amended by <br /> adding the following as the sixth and seventh sentences of such Section: <br /> "For purposes hereof, the "cost of such work" shall mean the City's net <br /> cost of such work after subtracting all funds received by the City from any <br /> Federal, State or local governmental agency, grant or program (excluding <br /> the City)with respect to such work. In the event that the City sells or <br /> otherwise disposes of for value any assets, a portion of the cost of which <br /> was paid or borne by ADM, the City shall promptly remit to ADM a <br /> portion of the amount received by the City with respect to such assets, <br /> such amount to be in direct proportion to the portion of the cost of such <br /> assets paid or borne by ADM." <br /> 5 <br />