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42 <br />4, paragraph 13 is rewritten to read as follows: <br />13. Any litigation arising out of this Agreement <br />shall be commenced in Durham County Superior Court. <br />5. A new paragraph 15 shall be added to read as follows: <br />15. It is the parties' intent that the as <br />and <br />supply of water provided for in this Agreement shall be for <br />emergency water supply needs. Neither party shall, in <br />planning r h r the other <br />party suppl e efuture de this Agreement to serve such growth. <br />2 <br />6. Attachment A, the Service Area Boundary Description, and <br />Attachment B, the map showing the location of the service area <br />boundary line, are amended and replaced with new Attachments A and <br />B attached hereto. <br />7. paragraph 9 is amended by adding the following at the end <br />of that paragraph: <br />However, if the City supplies the Town water through the <br />subject water main during any part of two or more <br />consecutive days, and the city manager of the City <br />determines that neither sudden emergency nor drought <br />necessitated such use, then the charge for all of the water <br />supplied by the City to the Town during said two or more <br />days shall be at one hundred percent (100 %) of the "Inside <br />City" rate. Any water supplied by the City to the Town <br />through said main other than during <br />the percents(75�)consecutive days <br />shall be rate <br />CITY O4DU <br />BY: <br />Cit <br />�a D U;? <br />ATTEST: �� OF <br />TOWN OF HILLSBOROUGH <br />BY: <br />OR <br />Mayor. _ <br />BY: <br />ATTEST. haaasfer <br />r <br />city I C�lQrx c�o'',��`�o�`3fl V <br />This instrument has been p,�4ed in the manner required by the <br />Local Government Budget and Fiscal Control Act. <br />CITY OF DURHAM <br />FiZn4ac Lof <br />D � <br />Date <br />TOWN OF HILLSBOROUGH <br />F' nce 0. icer. <br />r <br />Date^ <br />