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IAC 3-6-11 in relationship to 310 gallons per day. For structures not listed in 327 IAC 3-6-11, the <br />ERU shall be calculated as the relationship between the Average Daily Flow reported in the sewer <br />capacity certification for the structure and 310 gallons per day. <br />11. Waiver of Remonstration <br />Owner agrees to waive its right to remonstrate and hereby consent to annexation. Further, <br />Owner agrees to execute a petition of annexation upon request by the City. <br />12. 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 />13.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 />this agreement to $5,000,000. The Certificate of Insurance shall be provided concurrently with the <br />execution of this Agreement and attached as Exhibit E. <br />44. Assignment <br />