The importance of having a water supply agreement cannot be overstated, particularly when it comes to ensuring that both parties involved are aware of their rights and responsibilities. Whether you are a business owner with extensive water needs or a municipal entity responsible for maintaining a safe and sufficient water supply, having a comprehensive and legally binding water supply agreement is crucial.
To help get you started, we have compiled a sample water supply agreement that can be customized to fit your specific needs. Keep in mind that while this sample agreement should be considered a helpful starting point, it is important to consult with a legal professional to ensure that all of the necessary legal language and requirements are met.
Water Supply Agreement Sample:
This water supply agreement (the “Agreement”) is entered into on [Date] by and between [Party 1], with a mailing address of [Address], and [Party 2], with a mailing address of [Address], collectively referred to as the “Parties”.
A. [Party 1] is the owner of a water supply system (the “System”) that is capable of providing water to [Party 2].
B. [Party 2] desires to procure water from [Party 1] for its own use and to distribute it to its customers.
C. The Parties wish to enter into this Agreement to establish the terms and conditions under which [Party 1] will provide water to [Party 2].
1. SCOPE OF SERVICES
[Party 1] agrees to provide [Party 2] with a reliable and continuous potable water supply in accordance with the Specifications outlined in Exhibit A.
This Agreement shall commence on the date first stated above and shall continue for a period of [Number of years] unless terminated earlier as provided herein.
[Party 2] agrees to pay [Party 1] a fee for water delivered, in accordance with the pricing terms outlined in Exhibit B.
4. DELIVERY AND PAYMENT
Water shall be delivered to [Party 2] at the designated location(s) in accordance with the Delivery Schedule outlined in Exhibit C. Payment for water shall be made on a monthly basis and shall be due within [Number of days] days of receipt of the invoice.
5. FORCE MAJEURE
If either Party is unable to perform their obligations under this Agreement due to circumstances beyond their control, such as natural disasters, acts of war, or government actions, such Party shall not be held liable for any resulting damages or penalties.
Either Party may terminate this Agreement upon [Number of days] days written notice, if the other Party breaches any material provision of this Agreement and fails to cure such breach within the specified cure period.
Neither Party may assign this Agreement or any rights, duties, or obligations hereunder without the prior written consent of the other Party.
8. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without giving effect to its choice of law provisions.
9. ENTIRE AGREEMENT
This Agreement, along with its exhibits, constitutes the entire agreement between the Parties and supersedes all prior negotiations, understandings, and agreements between the Parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.
[Party 1] [Party 2]
EXHIBIT A: Specifications
This Exhibit describes the specifications for water delivery and treatment.
EXHIBIT B: Pricing
This Exhibit describes the pricing terms for the water delivery.
EXHIBIT C: Delivery Schedule
This Exhibit describes the schedule for water delivery.
In conclusion, having a water supply agreement in place is crucial for both parties involved to ensure that the water supply is meeting the needs of both parties. Use the above water supply agreement sample as a starting point, and customize it to meet the specific needs of your organization. It is always recommended to consult with a legal professional to ensure that all legal language and requirements are met.