1984-09-19 Regular Meeting - Laserfiche WebLink

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• • • -3- CITY shall not be obligated to furnish more than an average daily demand of three hundred fifty thousand (350,000) gallons of water per day, nor more than a peak daily demand of five hundred thousand (500,000) gallons per day. CONSTRUCTION AND MAINTENANCE OF FACILITIES BMUD shall be solely responsible for the construction and main- tenance of all facilities, including installation and maintenance of master meter or meters, from CITY'S designated point of delivery, • which shall be at or near the south city limit line of CITY, to BMUD'S desired point of delivery and meter station. BMUD shall make no other water taps on such water main, at any point on CITY'S side of the facilities upstream of the designated master meter or meters. CITY~'shall have the right of prior approval of the engineering, which shall be by a licensed Texas professional engineer acceptable to CITY, and CITY shall have the right of inspection of the construction of the water main leading up to the master meter or meters. All such engineering and construction shall be done in a manner to meet approval of CITY, and all regulatory authorities having jurisdiction thereof. FORCE MAJEURE a CITY shall not be liable for failure to perform this Agreement in the event of mechanical failures or breakdowns; power failures; breakages or failures in water mains; strikes, work stoppages, civil commotion or unrest; Acts of God; or any other cause beyond the control of CITY. CITY will use its best efforts to restore water service to • BMUD in such event at the earliest possible time. No liability shall result to CITY from delay in performance or non-performance, caused by circumstances beyond the control of CITY, including, but not limited to Acts of God, fire, flood, war, government action (including restrictions arising from federal, state, and Harris-Galveston Coastal ~~