The Town will continue to operate the D.H. Water System until the Closing Date. Following the Closing Date, the Buyer will operate the D.H. Water System thereafter at its own cost and expense. Buyer must be aware that the customers of the D.H. Water System (domestic users, industrial users and commercial users) have received the services in accordance with the American Water Works and general industry standards. By executing an Agreement of Sale with the Town, Buyer will covenant to continue to provide services in accordance with such Industry Standards and will covenant to guarantee the safe and reliable service in a manner that meets all local, state, and federal laws and regulations relating to the distribution and treatment of water. 3.3 Municipal Consent and ACC Approval of Sale: It is anticipated that the Town will receive approval for the Sale of the D.H. Water System as required by A.R.S. § 9-403. The Buyer shall be responsible for obtaining Arizona Corporation Commission (ACC) approval of the Sale as required. The Town will support the Buyer in obtaining ACC approval of the Sale as needed. 3.4 Water Pressure: The D.H. Water System currently operates with two water pressure zones. The Buyer will be required to maintain the water pressures at the levels existing in the D.H. Water System as of the date of Closing. This is to limit any service impacts to the existing water customers. If the Buyer intends to make future changes in the water pressures in the D.H. Water System, these changes need to be coordinated with Cave Creek, to ensure the proper operation of the 24th Street and Cloud Road interconnect site.
