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2) One party fails to comply with any obligation of this contract and the other party <br />gives wlitten notice setting forth the default; the defaulting party fails, within <br />ninety days, to correct the default or demand arbitration pursuant to Section XI, if <br />the default is disputed. <br />3) Either party fails to comply with an award pursuant to Section XL <br />4) If the aforesaid contract, marked Exhibit "A" is terminated by either St. Paul or <br />Roseville and in such event, a party seeking termination to the contract agrees to <br />transmit to the other, any and all notices pertaining to such proposed termination. <br />C) The right to terminate by either party shall not be an exclusive remedy and either party <br />retains all remedies regardless of its decision to terminate. <br />SECTION III Water Service <br />A) Roseville agrees to furnish and deliver to Arden Hills its water requirement on a demand <br />basis. Dcmand basis is defined as a continuous supply of water for 24 hours a day at the <br />Roseville line pressure. Arden Hills shall provide supplemental pumpage to meet pressure <br />requirements for the Arden Hills system. <br />B) Roseville agrees to supply Arden Hills with the water which shall be the same treated <br />water supplied by St. Paul, and Roseville undertakes no responsibility for the quality of <br />said water other than transmitting it to Arden Hills with reasonable care to prevent <br />contamination and pollution. <br />C) Roseville's obligation to supply water on a demand basis is qualified by the requirement <br />that Arden Hills maintain peak hour storage with the necessary regulatory apparatus to <br />permit each city to temporarily operate off the other's water tower during periods when <br />one tower is out of service for painting, repairing, or similar reasons. Arden Hills shall <br />maintain the constrnction requirement herein by submitting to Roseville any plans for <br />modifications of the pump control system within Arden Hills which can be used to operate <br />Roseville's booster pump control system. Such plans and specifications shall be deemed <br />approved by Roseville unless written objection hereto is made by Roseville within 20 days <br />after receipt of the same. <br />D) During such periods that the meters measuring water flow to and from Arden Hills are <br />inoperable or out of service for repair, the volume of water for which Arden Hills must pay <br />Roseville shall be determined from an equal period just preceding and just following the <br />temporary period. <br />2