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'CONTRACTOR relating to the determination of the annual User Fee. The TOWN may .. <br /> undertake, at its option and. expense, an audit of any wastewater Treatment Plant <br /> annual budget by an independent professional accountant of its choice. <br /> 7.2 The USER Fee shall be'determined annually, prior to September 1 preceding each <br /> year of this Agreement, and will be effective with the start of the calendar year <br /> beginning January 1 each year of the Agreement. The CONTRACTOR shall issue <br /> written notice of the User Fee to the TOWN forthwith upon determination thereof. <br /> The annual USER Fee shall be apportioned and billed to the TO" on a monthly <br /> basis in twelve equal installments. <br /> 7.3 The User Fee for the calendar year commencing on January 1, 2020 shall be <br /> calculated at the rate of $4.50 per annual Town Property, gallon per day (gpd) <br /> capacity, assuming a Phase I capacity of 2,975 gpd. <br /> 7.4 In accordance with applicable provisions of General Law, all payments required under <br /> this Agreement are subject to and contingent upon appropriation thereof by the <br /> Mashpee Town Meeting. <br /> 8.0 Termination or Suspension of Services <br /> 8.1 For any material breach of this Agreement, continued for a period of one (I) month <br /> after notice thereof in writing by the other party, either party may terminate this <br /> Agreement by giving notice thereof to the other party in writing, which termination <br /> shall become effective not earlier than six (6) months after the date of'receipt of said <br /> notice, unless sooner terminated by mutual agreement of the parties. <br /> 8.2 If a material breach of this Agreement by the TOWN creates a substantial risk of <br /> imminent harm to the health, safety or welfare of the public, the CONTRACTOR may <br /> suspend or limit services immediately to the extent necessary to address said harm.. The <br /> CONTRACTOR will provide notice to the TOWN of the suspension or limitation as <br /> soon as reasonably possible. The suspension or limitation will remain in effect only <br /> as long as the emergency created by the breach continues. <br /> 9 <br />