Sewer and or Water Service Agreement - Miller Builders, Inc.

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by the Owner to the South Bend Municipal Sewer Works, a capital contribution of $1,145 per ERU shall be collected. For every new connection made by the Owner to the South Bend Municipal Water Works, a capital contribution of $475 shall be collected per ERU. All charges shall be paid to the City at the time the application for service is filed and prior to the issuance of a permit. 4. Waiver of Remonstration Owner agrees to waive its right to remonstrate and hereby consent to annexation. Further, Owner agrees to execute a petition of annexation upon request by the City. 5. Indemnification Owner agrees and undertakes to indemnify and hold the City, and its respective agents, employees, successors, and assigns, harmless from any liability, loss, costs, damages or expenses, including attorneys' fees, which the 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 the City or its respective agents, employees, successors, or assigns, in connection with this Agreement, Owner agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. This Indemnification provision shall expire upon the successful dedication of the water and sanitary sewer systems to the City and the City's possession. 6. Assignment This Agreement may not be assigned by the Owner without the express written consent of the City which such consent may be withheld for any reason. Any violation of this limitation shall terminate the City's obligation and forfeit the Owner's rights under this Agreement. 7. Governing Law