Addendum No 2 to Billing Services Agreement - Billing Services for Carriage Hills Project – St. Joseph County Regional Water & Sewer District

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trust for the District until such Sub-District Rates and Charges collected and deposited on behalf of the District are transferred to the District in the manner described below. th 1.6.1.1.1. No later than the fifteenth (15) Business Day (as defined herein)of each month, the City shall wire transfer Sub-District Rates and Charges collected and deposited in the prior calendar month to the District’s designated bank account. “Business Day” shall mean any day other than a Saturday or Sunday, or a day on which commercial banks in the United States or the City is required or authorized by law to be closed. th 1.6.1.1.2. No later than the fifteenth (15) Business Day of each month, the City shall provide a detailed billing report ofthe Sub-District Rates and Chargescollected and deposited in the prior calendar month. The detailed billing report, ata minimum, shall include(i) each residential customer billed Sub-District Rates and Charges, (ii) Sub-District Rates and Charges collected in the prior calendar month and (iii) uncollected Sub-District Rates and Charges, including an accounts receivable aging schedule. 1.6.1.1.3. The City may not utilize funds it holds on behalf or for the benefit of the District to set off or otherwise satisfy any debt owed by the District to the City. 1.7.Connections. The District shall notify the City at least sixty (60) days prior to connection to the City's existing sanitary sewer main at the connection points described in Project Addendum No. 2. Each sewer lateral connection shall be inspected by the City before and shall be in compliance with the City's Engineering Department standards and any other applicable local code before the connection is backfilled. 2.MISCELLANEOUS 2.1.Amendments. This Agreement can be amended only by written agreement executed and approved by both Parties, as applicable 2.2.Legal Compliance; Governing Law. The parties shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. The enactment or modification of any applicable state or federal statute or the promulgation of rules or regulations after execution of this Agreement shall be reviewed by City and the District to determine whether the provisions of this Agreement require formal modification. This Agreement shall be construed in accordance with and governed by the laws of the State of Indiana; and venue for any action concerning this Agreement shall be brought in the courts of St. Joseph County, Indiana. 2.3.Entire Agreement. This Agreement sets forth the entire agreement between the parties and supersedes any and all prior agreements or understandings between them in any related to the subject matter of this Agreement. It is further understood and agreed that the terms and conditions of this Agreement are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between the parties in any way related to the subject matter of this Agreement, except as expressly stated in this Agreement. 4