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• � . , <br /> . , , , <br /> , , � <br /> i i <br /> 9. Potable Water Sunalv. ADM shall obtain all of the potable water supply <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 /> volume not to exceed six (6) million gallons per day ("MGD"), with a day being a 24 hour period <br /> beginning at midnight. In the event that ADM shall exceed the limitation by ten (10) per cent or <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 <br /> and 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 <br /> than the City provided that the alternative source is not recycled wastewater and that ADM <br /> makes a minimum monthly payment to the City calculated based on a minimum daily take of 1.0 <br /> MGD multiplied by the then effective applicable rates of the City. <br /> 10. Conservation. ADM shall employ reasonable policies, programs and equipment ; <br /> to avoid wasteful use of water produced at the North Plant and leakage/unaccounted water in I�� <br /> excess of 8%. To monitor for leakage and unaccounted for water, ADM shall install and monitor '� <br /> necessary meters and annually make a report to the City as to production at the North Plant, <br /> metered uses, and leakage/unaccounted for water. <br /> 11. Environmental Compliance. Upon Closing, ADM shall be solely responsible <br /> for all environmental compliance at the North Plant, including as to operation, maintenance, on- <br /> site storage of materials, and discharges to the air, ground or water bodies. Notwithstanding, <br /> ADM is aware that portions of the North Plant have been used by City police for target practice <br /> and that the soil may contain spent bullets. ADM agrees to acquire the North Plant subject to <br /> such prior use. However, if it is finally adjudicated that remedial action is required to remove <br /> soil at the North Plant containing bullets, the City agrees to reimburse ADM's reasonable cost in <br /> performing such removal as may occur within ten (10) years after Closing. <br /> -8- <br />