Sewer and Water Service Agreement - Adams Road Development Corp

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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 of a three (3) year maintenance bond as described in Section 4 above. 8, Insurance Owner, at Owner's sole expense, shall maintain during the term of this Agreement commercial general liability insurance covering the Company and the Activity in an amount not less than F�eewo Million Dollars ($/1000,000.00) per occurrence. Owner agrees to include the City as an additional insured on any such policy and 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 sewer sanitary systems, 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 them under Indiana law. Owner may terminate this Insurance upon the successful dedication of the water and sanitary sewer systems to the City. 9. 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. 10. 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, 11. Entire Agreement