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2019-837 Planning - NCDEQ Jordan Lake Water supply
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2019-837 Planning - NCDEQ Jordan Lake Water supply
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Last modified
1/27/2020 10:58:45 AM
Creation date
1/27/2020 9:47:54 AM
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Template:
Contract
Date
12/31/2019
Contract Starting Date
3/9/2017
Contract Document Type
Agreement
Amount
$11,816.85
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R 2019-837 Planning - NCDEQ Jordan Lake Water supply
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\Board of County Commissioners\Contracts and Agreements\Contract Routing Sheets\Routing Sheets\2019
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(E) Major Rehabilitation Costs . The Allocation Holder shall pay one and one -half ( 1 . 5 ) <br /> percent of the State ' s share of annual Major Rehabilitation Costs . This rate of payment <br /> It shall apply to all invoices received from the Government following the effective date of <br /> this Contract regardless of the date on which such rehabilitation costs were incurred by <br /> the Government or any other entity . The amount of each annual payment will be based on <br /> the actual rehabilitation costs for the preceding Calendar Year . The annual payment of <br /> these rehabilitation costs shall be made within 30 days of receipt of invoice from the <br /> Division . <br /> ARTICLE VIII — EFFECTIVE DATE OF ALLOCATION AND DURATION OF CONTRACT . <br /> Pursuant to 15 NCAC 02G . 0502 (5 ) , the effective date of the allocation is the date that the <br /> Commission approved the allocation (i . e . March 9 , 2017) . This Contract is predicated on the <br /> Commission ' s allocation decision and shall remain in full force and effect unless and until <br /> the Commission acts to revise or rescind the Allocation Holder ' s allocation . This Contract <br /> may be modified by the Parties by mutual agreement . <br /> ARTICLE IX — RELEASE OF CLAIMS AND PRESERVATION OF AUTHORITY . <br /> To the extent permitted by law, the Allocation Holder shall hold and save the Government <br /> and the State , including its officers , agents and employees , harmless from liability of any <br /> nature or kind for or on account of any claim for damages which may be filed or asserted as a <br /> result of the storage in the Project or withdrawal or release of water from the Project made or <br /> requested by the Allocation Holder, or as a result of the construction, operation or <br /> maintenance of the water supply facilities and appurtenances thereto owned and operated by <br /> the Allocation Holder, except for damages due to the sole fault or negligence of the State of <br /> North Carolina, the Government or its contractors . Nothing in this Contract shall restrict the <br /> State in the exercise of any right or duty of the State , including rights or duties related to the <br /> conduct of investigations , collection of information and issuance of permits . <br /> ARTICLE X — NO TRANSFER OR ASSIGNMENT . <br /> The Allocation Holder shall not transfer or assign this Contract or any rights acquired <br /> thereunder, nor sub - allot Jordan Water Supply Storage or any part thereof, nor grant any <br /> interest, privilege or license whatsoever in connection with this Contract. The Allocation <br /> Holder shall not infringe on the authority of the Commission to allocate Jordan Water Supply <br /> Storage . This Article shall not be construed so as to limit the Allocation Holder ' s ability to <br /> receive water withdrawn from Jordan Water Supply Storage through an intake operated <br /> and/or maintained by another allocation holder . <br /> 6 <br />
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