Repository: UIHistories Project: Board of Trustees Minutes - 1950 [PAGE 323]

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320

BOARD OF TRUSTEES

[April 21

Company who take the reading are or may be transcribed. Approximately once in each six (6) months period during the life of this agreement, on a date as near the last day of the month as practicable, the Water Company shall calibrate said Master Meter in the presence of a representative of the University, and the representatives of the parties hereto shall jointly observe any adjustments made to such meter when such adjustment be necessary. If upon any test, whether by check meter or otherwise, the percentage of inaccuracy of the said Master Meter is found to be in excess of two per cent ( 2 % ) , registration thereof shall be corrected for a period extending back to the time when such inaccuracy occurred, if such time is ascertainable, and if not ascertainable, then for a period extending back one-half of the time elapsed since the last date of calibration, but in no event more than six (6) months. 10. In the event either party hereto is unable, wholly or in part, by reason of force majeure to carry out its obligations under this agreement, other than any obligation to pay money due hereunder, then such party may give notice in writing to the other party hereto, giving notice and full particulars of such force majeure within a reasonable time after the occurrence of the cause relied on, whereupon the obligations of the party giving such notice insofar as they are affected by such force majeure shall be suspended during the continuance of any inability so caused, but for no longer period, and such cause, as far as possible, shall be remedied by the party giving such notice with all reasonable dispatch. The term "force majeure" as employed herein, shall include acts of God, strikes, lockouts, other industrial disturbances, acts of the public enemy, priorities or orders of any kind of the Government of the United States or of the State of Illinois or of any civil or military authorities on account of any war or war defense program, insurrections, riots, epidemics, lightning, earthquakes, fires, storms, floods, explosions, and any other causes of the kind herein enumerated, not reasonable within the control of the party claiming suspension. 11. T h e term of this agreement shall be thirty (30) years from the date hereof, subject to the right of either party hereto to terminate this agreement upon the expiration of a period of ten (10) years from the date hereof or twenty (20) years from the date hereof, upon giving to the other party two (2) years written notice of such termination; provided, however, that this agreement shall not become effective unless and until it shall be presented to and approved by the Illinois Commerce Commission and the parties hereto agree to cooperate in procuring such approval. 12. It is understood that the provision of this agreement shall not extend or apply to the use of raw water produced by the Athletic Association of the University of Illinois at the Stadium, and at the University Golf Course. The University may, at its discretion, extend the water distribution system to service University owned property outside the city limits of the Cities of Champaign and Urbana, Illinois. 13. In the event that control of the Water Company is acquired by a municipal corporation by purchase, lease, operation of law, or otherwise, the University, at its option and by giving six months written notice of its intention so to do, may terminate this agreement. Otherwise, this agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, but nothing herein contained shall be deemed to confer any rights upon any person, firm or corporation other than the parties hereto and their respective successors and assigns. All provisions and terms of this agreement shall be subject to the provisions of Article 4, Section 18, Constitution of Illinois 1870, and to Section 28, Chapter 144, Illinois Revised Statutes 1047. In Witness Whereof, Illinois Water Service Company has caused this agreem e n t ^ be signed by its President or a Vice President thereunto duly authorized and its corporate seal to be hereunto affixed and attested by its Secretary or Assistant Secretary, and the University of Illinois has caused this agreement to be signed by the Comptroller of its Board of Trustees thereunto duly authorized and its corporate seal to be hereunto affixed and attested by the Secretary of its Board of Trustees, all as of the day and year first above written.