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APPEN DIX A AGREEM ENT M AY BE TERM INATED IN CASE OF D E FA U LT IN PA YM EN T 28. If the W ater D is tr ict shall be in a rre a rs fo r m ore than three (3) m onths in the paym ent of any ch arge, including in terest, due to be paid to BM I h ereu nder, then BM I re s e r v e s the righ t to term inate this a greem en t upon n otice by pu blication after at lea st four (4) w eek ly in sertion s in any leg a l new spaper published within the County of C lark, State of N evada, unless full paym ent of ch a rg es, including in terest and the exp en ses of said pu blication be m ade within said p e rio d of p u b lica tion. Nothing contained in this agreem ent shall r e lie v e the W ater D is tr ic t fr o m the obligation to m ake BMI w hole fo r all lo s s or dam age o cca s io n e d b y the fa ilu re of the Water D is trict to pay fo r the water d e liv e re d to it, as p rov id ed in this agreem ent. DISPUTED BILLS 29. W henever any dispute a rise s over any b ill or b ills c o n c e r n ing the quantities of w ater d e liv ered or the ch a rges th e re fo r, the W ater D is tr ic t m ay pay the amount claim ed to be due in such b ill or b ills and b rin g a p roceed in g to r e c o v e r the amount of any overp aym en t. It shall not be n e c e s s a r y fo r the W ater D is trict to designate such paym ent as having been m ade under p rotest. P ro ce e d in g s by either party h ereto con cern in g a disputed b ill, or any amount due and owing hereunder, m ay be com m en ced within two (2) y e a rs subsequent to the date said b ill or am ount b e co m e s ue and p ayable, but shall not be com m en ced after said p e rio d . AGREEM ENTS F O R OPERATION OF W A TER F A C ILITIES 30 BM I shall m aintain said W ater F a c ilitie s in rea son a b ly good operatin g 'condition and shall operate said Water F a c ilitie s in a rea son a b ly e fficie n t m anner. TIM E F O R COM M ENCEM ENT OF WATER D E LIV E R IE S 31 BM I shall be under no obligation to d eliv er w ater fo r the W ater D is tr ic t, and said W ater D is trict shall be under no obligation ? H the ch a rges p rov id ed h erein until the Water D is tr ict shall have a W M I of and is rea d y to p la ce in op eration the w orks com p leted “ d e liv e ry of water at the aforem en tion ed d e liv e r y n e c e s s a r y to re | g | lM shaU give BM I not le s s than ninety — I w ritten n otice of the date when said W ater D is tr ic t w ill re q u ire A - 12