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4) To the extent that MUNICIPALITY executed the 2006 Amended Water <br />Service Agreement or similar agreement, the terms of the Asset Transfer Agreement (the <br />form of which is attached), and the Joint Economic Development Zone Agreement, now <br />known as the Municipal Utility District Agreement (attached as Exhibit E) are incorporated <br />herein and remain binding on the Parties to this Amendment, as amended. <br />5) To the extent that MUNICIPALITY has not executed the 2006 Amended <br />Water Service Agreement or a similar agreement, PURVEYOR will provide water and <br />related services to MUNICIPALITY and its inhabitants pursuant to the terms, covenants, <br />and conditions set forth in the Water Service Agreement, as amended in 2013. <br />6) This Restatement of the Water Service Agreement restates the original <br />Water Service Agreement and the amendments that the have been incorporated into the <br />Water Service Agreement from 1981 to 2013. <br />WHEREAS, PURVEYOR is willing to provide water and water related services to <br />MUNICPALITY and its inhabitants on the terms, covenants, and conditions hereinafter set <br />forth; <br />NOW, THEREFORE, for the reasons set forth above, and in consideration of the <br />mutual promises set forth in this Agreement, as amended, PURVEYOR and MUNICIPALITY <br />agree as follows: <br />ARTICLE 1. DEFINITIONS <br />1.01 "Director" means the Director of the Department of Public Utilities of the City of <br />Cleveland. <br />1.02 "Division of Water" means the Division of Water of the Department of Public <br />Utilities of the City of Cleveland. <br />1.03 "Commissioner" means the Commissioner of the Division of Water of the <br />Department of Public Utilities of the City of Cleveland. <br />1.04 "Waterworks Facilities" means all waterworks facilities including but not limited to <br />water treatment facilities, storage facilities, and pumping stations but excluding water <br />mains. <br />1.05 "Water Main" means any pipe, regardless of size or function, which is used to <br />transport water from Lake Erie as part of PURVEYOR'S waterworks system to any service <br />connection. <br />1.06 "Trunk Main" means a water main that is twenty inches (20") in diameter or larger. <br />2 <br />