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• • <br />-4- <br />Calibration of Meter - Not more than three times in each <br />year of operation, City shall calibrate the meter provided by <br />Spenwick, if requested in writing by Spenwick to do so, in the <br />presence of a representative of Spenwick. The parties shall <br />jointly observe any adjustments which are made to the meter in <br />case any adjustment is found to be necessary. <br />Inaccuracies of Meter - If, upon any test, the percentage <br />of inaccuracy of any meter is found to be in excess of five <br />percent (5~), registration thereof shall be corrected for a <br />period of time =extending back to the time when such inaccuracy <br />began, if such time is ascertainable; and if such time is not <br />ascertainable, then for a period extending back one-half (1/2) <br />• of the. time elapsed since the date of the last calibration, but <br />in no event further back than a period of six (6) months. If, <br />for any reason, any meters are out of service or out of repair <br />so that the amount of sewage discharged cannot be ascertained or <br />computed from a reading thereof, the amount of sewage discharged <br />during the period such meters are out of service or out of re- <br />pair shall be estimated by City's engineer and agreed upon by <br />the Parties hereto on the basis of the best data available. <br />VI. <br />The Parties hereto recognize and agree that the rates to be <br />charged hereunder, are fair and proper and that such rates <br />recognize the fact that City's sanitary sewerage treatment <br />• facilities have been constructed, and in the future will be re- <br />constructed and enlarged, partially with the use of City of La <br />Porte tax funds, and from the proceed of bond sales by the <br />City of La Porte, which will be repaid by tax funds, and that <br />the property within Spenwick's boundaries is not subject to <br />taxation by the City of La Porte. The Parties recognize that <br />the rates charge by City to its customers within its boundaries, <br />_ do not fully pay for the cost of such service, and that the <br />• capital investment in such facilities is provided by tax funds. <br />