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23. <br /> <br />24. <br /> <br />25. <br /> <br />26. <br /> <br />a) <br /> <br />If the claim is sufficiently evident to the Permit Holder and the claimant <br />that loss or flow reduction is attributable to the recovery operation, the <br />Permit Holder shall reimburse the claimant for expenses incurred in <br />securing temporary water for drinking and normal household activity. <br />The Permit Holder and claimant shall mutually agree on a schedule to <br />modify or replace the well with a system which will yield at least the <br />flow prior to the claim. The water quality of the new or modified well <br />must meet applicabie drinking water standards. The Permit Holder shall <br />bear all costs of the equivalent replacement well. <br /> <br /> [ <br />b) /If a disagreement occurs between the claimant and the Permit Holder <br /> regarding the cause of the failure, independent hydrogeologic consultant <br /> mutually agreeable to both parties shall be selected within seven days of <br /> the claim. The hydrogeologic consultant shall investigate the claim and <br /> make a determination of the cause, recommend corrective action and <br /> recommend an allocation of costs, if necessary. The consultant shall file <br /> a report with the Permit Holder, City and claimant. The Permit Holder, <br /> if found partially or wholly responsible for actions leading to the claim, <br /> shall ~reimburse the claimant for all temporary water <br /> -. required for the household, the cost of the hydrogeoto <br /> and the corrective action within 30 days of the was <br /> <br />A. Dplicabil~ ~I~jv o onditional Use Permit. This Conditional Uae Permit shall appl~ <br />to WMMI, its successors and assigns. <br /> <br />Right :to Require Performance. The failure of the City at any time to requir~ <br />performance by WMMI of any provisions hereof shall in no way effect the right <br />of City thereafter to enforce the same. Nor shall waiver by the City of any <br />breach of any of the provisions hereof be taken or held to be a waiver of any <br />succeeding breach of such provision or as a waiver of any provision itself. <br /> <br />Seve_r~bilitv. If any provision of this Conditional Use Permit shall be declared <br />void or unenforceable, the other provisions shall not be affected, but shall <br />remain in full force and effect. <br /> <br />Modification. This Conditional Use Permit constitutes the entire agreement and <br />understanding between the par'des hereto, and it shall not be considered <br />modified altered, changed or amended in any respect unless in writing and <br />signed by the parties hereto. <br /> <br /> <br />