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1998 024 Ordinance
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1998 024 Ordinance
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Last modified
11/19/2018 4:10:29 PM
Creation date
9/10/2018 9:41:31 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
024
Date
5/18/1998
Year
1998
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ARTICLE II. SERVICE: LIMITATION OF LIABILITY <br />A. Neither Purveyor nor Customer guarantees any level <br />of flow, volume, or pressure at any interconnection. Purveyor <br />and Customer expressly reserve the right to limit or terminate <br />stand-by or emergency service provided under this Agreement when <br />Purveyor or Customer determines that its water system or service <br />to its regular customers would be adversely affected thereby. <br />B. Customer's service area to be supplied with stand- <br />by service under this Agreement shall be limited to the service <br />area defined in Article I of this Agreement. If Customer desires <br />to expand the service area, Customer shall make a written request <br />for such expansion to Purveyor's Utilities Department. <br />C. Customer agrees to save harmless Purveyor, and its <br />officers, agents, and employees from any claim for damages to <br />Customer's distribution system or to any person or property in <br />any way arising out of or related to the water service performed <br />under this Agreement. Nothing in this Agreement shall be <br />construed to create any duty upon Purveyor to maintain any flow, <br />volume, pressure or quality of water to any part of Customer`s <br />water distribution system necessary for fire protection, human <br />consumption, commercial use, or any other purpose, or to create <br />any consequential liability against Purveyor for the failure of <br />any such flow,- volume, pressure or quality. Customer agrees to <br />defend and indemnify Purveyor for and against any claims, <br />lawsuits, losses, costs, damages, and judgments caused by, <br />arising out of or in any way related to the water supplied, or <br />the services performed or not performed by Purveyor under this <br />Agreement_ <br />-3- <br />
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