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calculation purposes. The TOWN, upon request to the CONTRACTOR, shall be <br /> provided a copy of the Wastewater Treatment Plant annual operating budget and <br /> other documents in the possession of the CONTRACTOR relating to the determination <br /> of the annual User Fee. The TOWN may undertake, at its option and expense, an <br /> audit of any wastewater Treatment Plant annual budget by an independent <br /> professional accountant of its choice. <br /> 7.2 The User Fee shall be determined annually, prior to July 315 preceding each year <br /> of this Agreement, if/as amended, and the CONTRACTOR shall issue written notice of <br /> the User Fee to the TOWN forthwith upon determination thereof. The annual USER <br /> Fee shall be apportioned and billed to the TOWN on a monthly basis in twelve <br /> 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 <br /> under this Agreement are subject to and contingent upon appropriation thereof by <br /> the Mashpee Town Meeting. <br /> 810 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 <br /> may suspend or limit services immediately to the extent necessary to address said <br /> harm. The CONTRACTOR will provide notice to the TOWN of the suspension or <br /> limitation as soon as reasonably possible. The suspension or limitation will <br /> remain in effect only as long as the emergency created by the breach continues. <br /> 9 <br />