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not single-family residences, one ERU shall equal estimated wastewater and water flows of 310 <br />gallons per day, respectively. No customer will be less than one ERU. <br /> For every new connection to the South Bend Municipal Sewer Works, a capital contribution <br />of $1,145 shall be collected per ERU. For every new connection to the South Bend Municipal <br />Water Works, a system development charge of four hundred seventy-five dollars ($475.00) shall <br />be collected per ERU and additional portion thereof to be connected. All charges shall be paid to <br />the City at the time the application for connection is filed. For all other types of structures, the <br />ERU calculation shall be based upon the ratio of Average Daily Flow as computed pursuant to 327 <br />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.