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e*) n <br />16.03 Watcr mclc:s ancl rcmolc rcgisters on cxisting scrvicc conncriions Ihat wcre not originally sup- <br />plied by PURVEYO:t to ihe water consumer, did not meet the specifications of PURVEYOR at the time <br />ol' installation ancl do not accuralcly register the conswnption of water, shall be repairecJ and/or replaced <br />by PURVEYOR at tsic expense of the Direct Service Customer. All water meters and/or remote registers <br />which must be replaced and/or repaired as the result of theft or damage from causes other than normal <br />wcar and tear shall be repaired and/or replaced by PURVEYOR at the expense of the Direct Service <br />Customer. Notwithstanding anything to the contrary in Ihis paragraph, a water meter and/or remole <br />register supplicd by PURVEYOR which must be repaired or replaced as a result of defects in material or <br />workmanship, or normal wear and tear, shall be repaired and/or replaced at PURVEYOR'S expense. <br />16.04 In cases whcre, with the consent of PURVEYOR, the Direct Service Customer is lhe owner of a <br />reregistering meter, maintenance and repairs on said meter shall be made by PURVEYOR at the expense of <br />the Direct Service Customer on the basis of the cost of material and labor plus twenty-five percent (25%) <br />of the cost of materials and labor to compensate PURVEYOR for supervision and overhead expenses. <br />16.05 If any water meter shall fail to regis?er correctly within the limitations established in the or- <br />dinances anJ rules and regulations of PURVEYOR applicable thereto, the Direct Service Customer shall <br />be charged for water usage based on the consumer's average daily rate of consumption. The consumer's <br />average daily rate of consumption shall be estimated by Commissioner based upon water usage registered <br />under similar conditions when the meter was in working order. PURVEYOR shall use the same criteria in <br />estimating consumption of Direct Service Customers and customers within the City of Cleveland. <br />ARTICLE 17. FIRE HYDRANTS <br />17.01 MUNICIPALITY shall not use nor permit the use of water from fire hydrants, valves or olher <br />openings within the corporate limits of MUNICIPALITY unless the use of such water is metered or is in <br />conformance with the provisions of this Article 17. <br />17.02 MUNICIPALITY has the right to connect fire hydrants to PURVEYOR'S water supply system <br />and to make use of all water required by MUNICIPALlTY (or the extinguishment of fires, the tlushing of <br />fire hydrants, streets and sewers and for such other use as is specifically authorized by Commissioner. For <br />this right, MUNICIPALITY shall pay an annual fee in advance at such rates, in such manner, and at such <br />times as shall be provided in applicable ordinances or rules and regulations of PURVEYOR existing at the <br />time this AGREEMENT is executed or as amended in the future. The rate charged for the use of water <br />from a fire hydrant shall be calculated to cover only PURVEYOR'S actual cost of estimated water losses <br />for uses other than extinguishment of fires, but in no event shall said rate exceed the rate authorized to be <br />charged to a Direct Service Customer located in the same service district. MUNICIPALITY shall maintain <br />records of its use of water (rom fire hydrants for the purpose of establishing charges For such use. Except <br />as otherwise provided in this Article 17, there shall be no unaccounted for or other free use of water by <br />MUNICIPALITY. <br />17.03 No water shall be taken from any fire hydrant for construction or any other purpose except as <br />providcd in Paragraph 17.02 wilhout first obtaining a permit for said use from the Comissioner. The is- <br />suance of such pcrmit shall be conditioned upon compliance with rules and regulations issued by <br />PURVEYOR, including but not limiled to, prepayment for waler which said applicant may reasonably be <br />expccted to use, a1 rates not higher than the ra(es in effecl for Ihe service district in which the fire hydrant is <br />IocateJ. "I'he Commissioner shall have the power to revoke any permit issued in order to protecl <br />PURVEYOR against wastr ol' watcr or for any olhcr rcasonable purposc. <br />10