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AGREEMENT <br />KNOW ALL MEN BY THESE PRESENTS: <br />THAT the Batesville Water Utility, an agency of the City of Batesville, Arkansas <br />(hereinafter "BWU") and the City of Cushman, Arkansas by and through its appointed Water <br />Board (hereinafter called "Cushman") are governmental subdivisions of the State of Arkansas <br />and each are providers to their water users, <br />and, <br />THAT CUSHMAN has not produced water for its own consumers since March 1, 2021; <br />THAT BWU has produced all water distributed by the City of Cushman since March 1, <br />2021; and, <br />THAT CUSHMAN water currently looses approximately eighty percent (80%) of the <br />water provided to it by BWU due to leaks; and, <br />THAT CUSHMAN has not been financially able to pay its full monthly water bill to <br />BWU due to said losses; and, <br />THAT CUSHMAN is diligently working to repair its water leaks; and, <br />THAT CUSHMAN recognizes that it is indebted to BWU for water already provided and <br />will continue to run deficits to BWU until leaks are repaired to an adequate level; and, <br />THAT CUSHMAN and BWU have arrived to an agreement whereby BWU agrees to sell <br />and CUSHMAN agrees to buy water to be utilized at Cushman to provide water to its users as <br />follows: <br />1. That Cushman agrees that it shall be responsible for paying for all water provided <br />at BWU's wholesale bulk water rate as provided by the Batesville Code of Ordinances at the <br />time said water was provided. <br />