Water Extension Agreement - Private Extension of Public Water Main for The Landings – University of Notre Dame du Lac (2)

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Agreement commercial general liability insurance covering the Owner and the Dedicated Improvements in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence. Owner agrees to include the City as an additional insured on any such policy and upon request produce to the City a certificate of insurance evidencing the same. To the extent that the City is harmed as a result of the Owner's connection to the City's water and sanitary sewer systems for occurrences prior to dedication to the City of the Dedicated Improvements, Owner hereby grants the City first priority on any proceeds received from the Owner's insurance. Notwithstanding anything in this Agreement to the contrary, the City does not waive any governmental immunity or liability limitations available to it under Indiana law. 10. 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. 11. Governing Law This Agreement shall be construed and interpreted according to the laws of the State of Indiana. It is further agreed that all provisions of law now or hereafter in effect relating to water and sewer service by the City shall be applicable to this Agreement. 12. Entire Agreement This Agreement sets forth the entire agreement and understanding between the Owner and the City as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them.