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Owner's failure to comply with this Section shall be a material breach of this Agreement. <br />10. System Development Charges <br />For every new connection to the South Bend Municipal Water Works, a system development <br />charge of Four Hundred Seventy -Five dollars shall be collected per ERU. No customer shall be <br />deemed to be less than one (1) ERU. Simultaneously with the execution of this Agreement, the <br />Owner shall pay the City a sum of $475.00 (Four Hundred Seventy -Five dollars and 00/100) for <br />access to the City's water works infrastructure in compliance with Chapter 17, Article 10 Section <br />80 of the South Bend Municipal Code. A 10% discount shall be applied to the payment if paid in full. <br />It is understood amongst the parties that the Owner will utilize the new water main for fire protection <br />and any future domestic services will be subject to additional System Development Charges as <br />required by City Ordinance, as amended. A copy of the calculation is attached as Exhibit D. <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. <br />12.Insurance <br />Owner, or 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 understands and agrees the amount of insurance does not in any way limit liability under <br />