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2025-09-23-AGENDA PACKET
CITY-OF-BATESVILLE
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2025-09-23-AGENDA PACKET
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9/19/2025 4:34:31 PM
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against Cushman. That said judgment and collection efforts shall have a six percent prejudgment <br />interest from the month said water was provided. <br />8. That at the end of term of this agreement, said contract will terminate unless an <br />extension or new agreement is reached by the parties. Upon termination of this contract by <br />default or the term ending without a properly renegotiated and executed contract by the end of <br />this agreement, the entire indebtedness owed by Cushman to BWU will become immediately due <br />and payable. If BWU is not paid in full within 30 days of said termination, BMW may pursue <br />the debt owed by Cushman with 6% prejudgment interest. <br />9. That this agreement and all other subsequent agreements related to the <br />indebtedness and supplying of water to the City of Cushman by the City of Batesville are subject <br />to approval by the Batesville city council and the Cushman Water Board prior to ratification of <br />said agreement. <br />10. Arkansas law shall apply to this agreement, and Arkansas law shall be used to <br />construe its terms in any legal or arbitration proceeding or other dispute arising here from or in <br />any way related hereto. <br />11. The parties agree that the sole venue and forum for any lawsuit arising from this <br />agreement and/or the debt(s) and/or obligation(s) incurred hereunder by either party shall be the <br />Circuit Court of Independence County, Arkansas. <br />12. This agreement may not be modified verbally. Modification hereof may only be <br />achieved by execution of a written modification signed by both parties. <br />13. The parties acknowledge that this Agreement is reasonable, valid, and enforceable; <br />however, if any part of this Agreement is held by a court of competent jurisdiction to be invalid, it <br />is the intent of the parties that such provision be reduced in scope only to the extent deemed <br />
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