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be collected per ERU. All charges shall be paid to the City at the time the application for <br />connection is filed. For all other types of structures, the ERU calculation shall be based upon the <br />ratio of Average Daily Flow as computed pursuant to 327 IAC 3-6-11 in relationship to 310 gallons <br />per day. For structures not listed in 327 IAC 3-6-11, the ERU shall be calculated as the relationship <br />between the Average Daily Flow reported in the sewer capacity certification for the structure and <br />310 gallons per day. <br />11. Indemnification <br />Owner agrees and undertakes to indemnify and hold the City, and its respective agents, <br />employees, successors, and assigns, harmless from any liability, loss, costs, damages or expenses, <br />including attorneys’ fees, which the City may suffer or incur as a result of any claims or actions <br />which may be brought by any person or entity arising out of this Agreement . If any action is <br />brought against the City or its respective agents, employees, successors, or assigns, in connection <br />with this Agreement, Owner agrees to defend such action or proceedings at its own expense and <br />to pay any judgment rendered therein to the extent not attributable to the gross negligence or willful <br />misconduct of the City. <br />12. Insurance <br />Owner, or the owner’s contractor, at Owner’s sole expense, shall maintain during the term of <br />this Agreement, commercial general liability insurance covering the Owner and the Dedicated <br />Improvements in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence. <br />Owner agrees to include the City as an additional insured on such policy and provide a copy of the <br />Certificate of Insurance to the City as Exhibit E. Notwithstanding anything in the Agreement to <br />the contrary, the City does not waive any governmental immunity or liability limitations available <br />to it under Indiana law.