Wastewater Services Agreement - Amazon Data Services, Inc.

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AMAZON CONFIDENTIAL 1 ADS WASTEWATER SERVICE AGREEMENT TERMS AND CONDITIONS – PROVIDER SERVICE 1.1 Provider Property. The Infrastructure necessary to provide the Provider Service Specifications will be the property of the Provider upon completion and dedication of the Infrastructure by St. Joseph County, and acceptance by Provider. 1.2 Provider Service Obligations. Following acceptance of the Infrastructure by Provider, Provider will deliver the Provider Services specified in Table 1. 1.3 Provider Operation, Maintenance and Repair Obligations. Upon its acceptance of Infrastructure under this Article 1, the Provider will operate and maintain, repair, and upgrade as necessary, the Infrastructure in a manner consistent with Good Utility Practice and in accordance with all Applicable Law. 1.4 Permits. Provider will obtain and pay for any and all permits associated with the acceptance, operation, repair, and maintenance of the Infrastructure. – TERM, EFFECTIVE DATE, TERMINATION 2.1 Term. (a) Initial Term. This Agreement will take effect on the Effective Date and will remain in effect for 10 years (“Initial Term”). (b) Renewal Terms. Upon the expiration of the Initial Term, this Agreement will renew by its own terms for successive 12-month terms (each a “Renewal Term”, and together with the Initial Term, “Term”) unless ADS provides written notice to the Provider at least 90 days prior to the expiration of the Initial Term or any Renewal Term that it does not intend to renew the Agreement. 2.2 Termination. (a) Termination by ADS. ADS may terminate this Agreement at any time by providing written notice to the Provider at least 90 days prior to the date of such termination. If ADS terminates this Agreement pursuant to this Section, then ADS’s sole liability and Provider’s exclusive remedy is payment for (i) any outstanding costs for any Provider Services provided in Table 1 under this Agreement as of the termination date.