Common use of Reliability of Service Clause in Contracts

Reliability of Service. Congress, the Pueblos, the County, and potential customers of the RWS have a common interest in reliable service. The draft JPA and other agreements attempt to achieve this common interest in the following, among other, ways: a. Easements and rights of way for the RWS – whether acquired from the United States, a Pueblo, the County, or private landowners – are required to last “for so long as required for construction, use, operation, maintenance, repair and replacement of the [RWS].” (Cost-Sharing Agreement, Section 2.3.) b. The United States, Pueblos, and County are required to grant easements and rights of way for the RWS at no cost. (Cost-Sharing Agreement, Section 2.3.) c. In the current draft of the JPA the County proposes an integrated water system that is managed by a single operator with authority to provide water throughout the service area, both on and off Pueblo land (JPA, Articles 3 and 14A). Article 14 as proposed by the County would assure that the Authority has access to all lands covered by the system, as necessary for operations, maintenance and repair; it would also provide for the granting of easements by all parties to connect customers to the RWS. d. County Commissioner and Pueblo de San ▇▇▇▇▇▇▇▇▇ director approval is necessary to convey any of the Authority’s assets. (JPA, Article 6.G) e. Ownership of any portion of the RWS can only be transferred pursuant to a subsequent act of Congress. (Cost-Sharing Agreement, Section 2.4.) Among other things, this means that the parties could not convey the RWS (or their individual systems) to a private utility company, for instance. f. The JPA does not allow one party to unilaterally withdraw. Instead, agreement by all parties and an act of Congress is required for the JPA to terminate. (JPA, Article 24) g. The current draft of the JPA proposed by the County would establish an Emergency Fund for unforeseen infrastructure failure, and a Revenue Stability Fund to provide funds in the event of a revenue shortfall, among other potential reserve funds. (JPA, Article 11.G)

Reliability of Service. Congress, the Pueblos, the County, and potential RWS customers of the RWS have a common interest in all want reliable service. The draft JPA and other agreements attempt to achieve this common interest ensure reliable service in the following, among other, ways: a. Easements and rights of way for the RWS – whether acquired from the United States, a Pueblo, the County, or private landowners – are required to last “for so long as required for construction, use, operation, maintenance, repair and replacement of the [RWS].” (Cost-Sharing Agreement, Section 2.3.) b. The United States, Pueblos, and County are required to grant easements and rights of way for the RWS on their land at no cost. (Cost-Sharing Agreement, Section 2.3; JPA, Article 14(B).) c. In the current draft Article 14 of the draft JPA the County proposes an integrated water system that is managed by a single operator with authority to provide water throughout the service area, both on and off Pueblo land (JPA, Articles 3 and 14A). Article 14 as proposed by the County would assure that the Authority has access to all lands covered by the system, as necessary for operations, maintenance and repair; it would also provide for the granting of easements by all parties to connect for customers to access the RWS. d. The County Commissioner and Pueblo de San ▇▇▇▇▇▇▇▇▇ director approval is necessary to convey directors must approve the conveyance of any of the Authority’s assets. (JPA, Article 6.G6(G).) e. Ownership of any portion of the RWS can only be transferred pursuant to a subsequent act of Congress. (Cost-Sharing Agreement, Section 2.4.) Among other things, this means that the parties could not convey the RWS (or their individual systems) to a private utility company, for instance. f. The JPA does not allow one party to unilaterally withdraw. Instead, agreement by all parties and an act of Congress (or failure of a statutory condition) is required for to terminate the JPA to terminateJPA. (JPA, Article 24.) g. The current draft of the JPA proposed by the County would establish require an Emergency Fund for unforeseen infrastructure failure, and a Revenue an Operational Stability Fund to provide funds in the event of a revenue shortfall, among other potential reserve funds. (JPA, Article 11.G11(F).)

Reliability of Service. Congress, the Pueblos, the County, and potential RWS customers of the RWS have a common interest in all want reliable service. The draft JPA and other agreements attempt to achieve this common interest ensure reliable service in the following, among other, ways: a. Easements and rights of way for the RWS – whether acquired from the United States, a Pueblo, the County, or private landowners – are required to last “for so long as required for construction, use, operation, maintenance, repair and replacement of the [RWS].” (Cost-Sharing Agreement, Section 2.3.) b. The United States, Pueblos, and County are required to grant easements and rights of way for the RWS on their land at no cost. (Cost-Sharing Agreement, Section 2.3; JPA, Article 14(B).) c. In the current draft Article 14 of the draft JPA the County proposes an integrated water system that is managed by a single operator with authority to provide water throughout the service area, both on and off Pueblo land (JPA, Articles 3 and 14A). Article 14 as proposed by the County would assure that the Authority has access to all lands covered by the system, as necessary for operations, maintenance and repair; it would also provide for the granting of easements by all parties to connect for customers to access the RWS. d. The County Commissioner and Pueblo de San ▇▇▇▇▇▇▇▇▇ director approval is necessary to convey directors must approve the conveyance of any of the Authority’s assets. (JPA, Article 6.G6(G).) e. Ownership of any portion of the RWS can only be transferred pursuant to a subsequent act of Congress. (Cost-Sharing Agreement, Section 2.4.) Among other things, this means that the parties could not convey the RWS (or their individual systems) to a private utility company, for instance. f. The JPA does not allow one party to unilaterally withdraw. Instead, agreement by all parties and an act of Congress (or failure of a statutory condition) is required for to terminate the JPA to terminateJPA. (JPA, Article 24.) g. The current draft JPA would require the establishment of the JPA proposed by the County would establish an Emergency Fund for unforeseen infrastructure failure, and a Revenue an Operational Stability Fund to provide funds in the event of a revenue shortfall, among other potential reserve funds. (JPA, Article 11.G11(F).)

Reliability of Service. Congress, the Pueblos, the County, and potential customers of the RWS have a common interest in reliable service. The draft JPA proposed by the County and other required agreements attempt to achieve this common interest in the following, among other, ways: a. Easements and rights of way for the RWS – whether acquired from the United States, a Pueblo, the County, or private landowners – are required to last “for so long as required for construction, use, operation, maintenance, repair and replacement of the [RWS].” (Cost-Sharing Agreement, Section 2.3.) b. The United States, Pueblos, and County are required to grant easements and rights of way for the RWS on their land at no cost. (Cost-Sharing Agreement, Section 2.3.) c. In the current draft Article 14 of the draft JPA the County proposes an integrated water system that is managed by a single operator with authority to provide water throughout the service area, both on and off Pueblo land (JPA, Articles 3 and 14A). Article 14 as proposed by the County would assure that the Authority has access to all lands covered by the system, as necessary for operations, maintenance and repair; it would also provide for the granting of easements by all parties to connect for customers to access the RWS. d. County Commissioner and Pueblo de San ▇▇▇▇▇▇▇▇▇ director approval is necessary to convey any of the Authority’s assets. (JPA, Article 6.G6.G.) e. Ownership of any portion of the RWS can only be transferred pursuant to a subsequent act of Congress. (Cost-Sharing Agreement, Section 2.4.) Among other things, this means that the parties could not convey the RWS (or their individual systems) to a private utility company, for instance. f. The JPA does not allow one party to unilaterally withdraw. Instead, agreement by all parties and an act of Congress is required for the JPA to terminate. (JPA, Article 24.) g. The current draft of the JPA proposed by the County would establish an Emergency Fund for unforeseen infrastructure failure, and a Revenue an Operational Stability Fund to provide funds in the event of a revenue shortfall, among other potential reserve funds. (JPA, Article 11.G11.E)