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CONFIDENTIAL <br /> an interest charge of one percent greater than the average of the daily prime rates published in the <br /> "Money Rates"section of the Wall Street Journal for each day from the date payment was due to <br /> the date the payment is received. <br /> { The Agency may,whenever any amount due remains unpaid after the due date,take all <br /> { steps available to it under applicable law to collect such amount and,after giving 15 days advance <br /> notice in writing of its intention to do so,discontinue service under this agreement. The Agency <br /> may,whenever any amount due remains unpaid for 120 or more days after the due date and after <br /> giving 30 days advance notice in writing of its intention to do so,terminate this Agreement. The <br /> discontinuance of service or the termination of the Agreement shall not relieve the City from the <br /> liability for payment for electric power and energy furnished to the City prior to the <br /> discontinuance or termination of this Agreement. <br /> (b) In the event the City desires to dispute all or any pad of a bill,the City shall pay <br /> the full amount of the bill when due and notify the Agency in writing of the grounds on which <br /> any charges in the bill are disputed and the amount in dispute. The City will not be entitled to <br /> any adjustment on account of any disputed charges which are not brought to the attention of the <br /> Agency in the matter specified in this Agreement. Such adjustment shall be for the time period <br /> for which it can be established a billing error took place but in no event shall the adjustment <br /> period extend past the last meter test date or 365 days, whichever is shorter. <br /> SECTION 5. Power Factor <br /> The City shall have sufficient capacitors installed to maintain at least a 98 <br /> percent lagging hourly power factor during the City's peak load periods. The Agency and the <br /> City shall agree on the controlling of capacitor operation. It is the goal of both parties to maintain <br /> an hourly power factor of not less than 98 percent lagging during peak load periods and to avoid a <br /> leading hourly power factor during light load conditions. <br /> 6 <br />