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for aforementioned index. If the Buyer provides raw water to be treated and returned, the rate <br />shall be 80- percent of the flat rate stated above. <br />10. Billing and Payment. The Seller shall read the water meter and invoice the Buyer <br />within 30 days after the use has stopped. If the water sale continues longer than a month, <br />monthly invoices shall be provided. The Buyer shall pay each invoice within 30 days of receipt. <br />11. Term and Termination. This Agreement shall be in effect until terminated by <br />either Party in writing served upon the other party no later than 180 days prior to the expected <br />date of termination. Termination of the Agreement shall not release either Party's obligations to <br />pay for design, construction, or maintenance costs previously incurred or water previously used. <br />Upon termination of this Agreement, the Parties shall in good faith negotiate a termination <br />agreement addressing the disposition of the Interconnect. <br />12. Notice. All notices, demands, requests, consents, approvals, offers, statements, <br />and other instruments or communication required or permitted to be given hereunder shall be in <br />writing and shall be deemed to be effective upon electronic delivery, hand delivery or 72 hours <br />after mailing by registered or certified mail, return receipt requested, postage prepaid, addressed <br />as follows: <br />If to Louisville: <br />If to SMD1: <br />City Manager <br />City of Louisville <br />749 Main Street <br />Louisville, CO 80027 <br />Town Manager <br />Town of Superior <br />124 East Coal Creek Drive <br />Superior, CO 80027 <br />13. No Waiver. Delays in enforcement or the waiver of any one or more defaults or <br />breaches of this Agreement by either Party shall not constitute a waiver of any of the other terms <br />or obligation of this Agreement. <br />14. Integration. This Agreement constitutes the entire agreement between the Parties, <br />superseding all prior oral or written communications. <br />15. Third Parties. There are no intended third -party beneficiaries to this Agreement. <br />16. Governing Law and Venue. This Agreement shall be governed by the laws of the <br />State of Colorado, and any legal action concerning the provisions hereof shall be brought in <br />Boulder County, Colorado. <br />17. Counterparts. This Agreement may be executed in any number of counterparts, <br />each of which shall be deemed an original, and all of which shall constitute one and the same <br />agreement. <br />10 <br />