Renewable License - River Walk LLC

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to repayment of same said "buy -in" fee should the City decide to purchase that capacity back. S. City reserves the right to charge a reasonable fee to River Walk for annual use of its separated storm system as defined by present and future local ordinances. 6. City reserves the right to terminate this Agreement in its sole discretion upon twelve (12) month notice to River Walk and revoke any access to the separate storm sewer system. Should River Walk elect to terminate this Agreement, it shall be River Walk's sole responsibility to find an alternative means to discharge its surface water which complies with all local ordinances or state laws. Should River Walk terminate this Agreement, it shall be responsible for all expenses related to its disconnect from the City's separate storm sewer system. 7. River Walk agrees and undertakes to indemnify and hold City, and its respective agents, employees, successors, and assigns, harmless from any liability, loss, costs, damages or expenses, including attorneys' fees, which City may suffer or incur as a result of any claims or actions which may be brought by any person or entity arising out of this Agreement. If any action is brought against City or its respective agents, employees, successors, or assigns, in connection with this Agreement, River Walk agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 8. This Agreement may not be assigned by River Walk without the express written consent of City which such consent may be withheld for any reason. Any violation of this limitation shall terminate this Agreement and forfeit River Walk's rights under this Agreement. 9. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. 10. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. 11. The person signing on behalf of River Walk represents that he/she has been duly authorized to execute this Agreement on behalf of River Walk. IN WITNESS WHEREOF, City and River Walk, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. -2-