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correction shall be made in the amounts of energy and its power factor so measured at this delivery point to cover transmission and, in case of transformation, transformer losses, in determining the amounts of energy delivered to the municipality and the power factor of such delivery at the low-tension bus bars of the central receiving station. The said metering equipment shall be maintained and tested by the city at the expense of the municipality.
Meters shall be tested at any reasonable time upon request by either the city or municipality, and in any event they shall be tested at least once each year. If the test discloses that the error of any meter exceeds one per cent (1%), such meter shall be adjusted so that the error shall not exceed one-half of one per cent (4%). The metering equipment shall be tested by means of suitable testing equipment which shall be provided by the city and which shall be calibrated by the city as often as requested by any party hereto by checking against secondary standards of the United States Bureau of Standards maintained by the city in its testing laboratory. Meters shall be kept sealed and the seals shall be broken only in the presence of the respective representatives of both the city and the municipality, and likewise all tests of meter equipment shall be conducted only when representatives of both the city and the municipality are present.
Payments for all obligations of the municipality accruing under the provisions of this paragraph shall be due and payable on the twentieth of the month succeeding the installation of equipment or the performance of the service provided for herein.
(24) Penalties.--If any charge or payments provided for herein are not paid by the municipality when due, and at the times and in the manner provided for herein, a penalty of one per cent (1%) of the amount unpaid shall be added thereto, and thereafter an additional penalty of one per cent (1%) of the amount unpaid shall be added on the twenty-first day of each calendar month thereafter during such delinquency.
(25) Disputes and disagreements.-Disputes or disagreements arising under this contract between the municipality and the city shall be arbitrated by three arbitrators, except where otherwise provided in this contract. The municipality shall name one arbitrator, and 'the city shall name one. These two shall name the third. If either disputant has notified the other that arbitration is demanded and that it has named an arbitrator, and if thereafter the other disputant fails to name an arbitrator for fifteen days, the Secretary of the Interior, if requested by either disputant, shall name such arbitrator, who shall proceed as though named by the disputant. The two arbitrators so named shall meet within five days after appointment of the second, and name the third. If they fail to do so, the Secretary will, on request by either disputant or arbitrator, name the third. A decision by any two of the three arbitrators shall be binding on the disputants and enforceable by court proceedings in accordance with the provisions of the then existing law or by the Secretary in his discretion. Arbitration as herein provided, or the failure of the arbitrators to render a decision within six months of appointment of the third arbitrator, shall be a condition precedent to suit by either disputant against the other upon the matter in dispute.
(26) Transfer of interest in contract.--No voluntary transfer of this contract, or of the rights hereunder, shall be made without the written approval of the city acting through its board of water and power commissioners. Any successor or assign of the rights of either of the parties hereto, whether by voluntary transfer, judicial sale, foreclosure sale, or otherwise, shall be subject to all the conditions of the Boulder Canyon project act, and also subject to all the provisions and conditions of this contract to the same extent as though such successor or assign were the original contractor hereunder; provided, that a mortgage or trust deed or judicial sale made thereunder shall not be deemed voluntary transfers within the meaning of this section.
(27) Title to remain in city.--It is agreed that nothing herein contained shall be construed as conferring upon the municipality any control of or title in or to said transmission line, as defined herein, appurtenances or incidental works, or any portion thereof, and it is mutually understood that the title to, together with full and complete control of, said transmission line and all appurtenances, incidental works and plants shall forever remain in the city or its nominee or assignee of the same, or any portions thereof. All payments made or to be made by the municipality pursuant to the provisions of this contract shall be construed as constituting consideration for the right to the service to be rendered in generating and transmitting energy by the city in accordance with the provisions hereof.
(28) Duration of contract.—This contract shall not become effective for any purpose unless on or before November 16, 1931, two-thirds of the qualified electors of the municipality, voting at an election to be held for that purpose, shall have assented that the municipality shall incur the indebtedness and liability provided for herein and shail have ratified the execution hereof. After having become effective this contract shall remain in effect until the expiration of a period of fifty (50) years from the date at which energy is ready for delivery to the city, as announced by the Secretary.
In witness whereof, the parties hereto have caused this contract to be executed the day and year first above written.
The City of Los ANGELES, acting by
and through its Board of Water and Power Commissioners,
DEPARTMENT OF WATER AND POWER
OF THE CITY OF Los ANGELES, by the
Contract for lease of power privilege of date April 26, 1930, supplemental agreements of date of May 28, 1930, and September 23, 1931, respectively, between the United States and the City of Los Angeles and Southern California Edison Co. (Ltd.). (Omitted; see Appendix 2 and footnotes.)
II. THE HOOVER DAM WATER CONTRACTS
California 10. Regulations for delivery of water.
Issued April 23, 1930.
Amended September 28, 1931. 11. Contract for delivery of water, United States and Metropolitan
Water District of Southern California.
Amended September 28, 1931. 12. Contract for cooperative construction of Parker Dam, United
States and Metropolitan Water District of Southern California.
Dated February 10, 1933. 13. Contract for repayment of cost of All-American Canal, United
States and Imperial Irrigation District.
Dated December 1, 1932. 14. Proposed contract for delivery of water—United States and City
of San Diego.
Approved as to form by the Secretary January 28, 1933. 15. Proposed contract for delivery of water-United States and Palo
Verde Irrigation District.
16. Regulations for delivery of water.
Issued February 7, 1933.