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? p . AR'TICLF. 7. RlGlft' TO USh; STREETS, WATER MAINS, ANU EQUIPMEN7' 7.01 PURVEYOR shall have the right to use the easements, streets, and other public ways and places of
<br />MUNICIPALITY to the extent MUNICIPALITY has such rights, for the purpose of laying, extending,
<br />maintaining and repairing waier mains and doing such other acts as PURVEYOR shall deem to be
<br />nccessary for the delivery oi' water to all of PURVEYOR'S present and potential consumers, whether
<br />Ivcated inside or outside of the territorial boundaries of MUNICIPALITY.
<br />7.02 PURVEYOR shall have the right to use, extend, tap or connect into any and all water mains and ,
<br />oiher water transmission facilities, irrespective of whether or not they are owned or controlled by •
<br />MUNICIPALITY, without any I'ee or charges by MUNICIPALITY to PURVEYOR for the exercise of _
<br />such right, provided such water mains and/or other water transmission facilities are connected into PURVEYOR'S watcrworks system. ,
<br />7.03 The surfacc easements and streets shall be restored to previous condition (after laying, extending, .
<br />repairing and maintaining water mains) by MUNICIPALITY at PURVEYOR'S expense unless otherwise
<br />agrccd to in wri(ing by MUNICIPALITY and PURVEYOR.
<br />ARTICLE S. INSTALl.AT10N AND MAINTF.NANCF. OF WATER FACILITIH:S
<br />8.01 F'URVEYOR shall havc the obligation to provide, at its own cost and expense, the planning,
<br />engineering, purchasing, construction, installation, and to place in operation, maintain and repair all
<br />Waierworks facilities that PURVEYOR in its sole discretion deems necessary or conducive to the proper
<br />and cfficient functioning of the waterworks system, unless otherwise provided in this AGREEMENT.
<br />8.02 When, in (he opinion of the Commissioner, additional Waterworks Facilities need to be installed
<br />within the corporate limits of MUNICIPALITY, MUNICIPALITY shall cooperate with PURVEYOR in
<br />the construction or installation of such facilities to the extent such cooperation shall not impose any addi-
<br />tional cost to MUNICIPALITY, unlcss otherwise provided in this AGREEMENT, and PURVEYOR shall
<br />provide MUMCIPALITY with due notice as to the location of the proposed Waterworks Facilities.
<br />MUNICIPALITY shall not charge PURVEYOR for any permits in connection with such installation, and
<br />MUNICIPALITY shall cooperate in providing all permits, easements, rights-of-way, access, traffic con-
<br />irol and oiher rights and privileges necessary to facilitate PURVEYOR'S work. PURVEYOR shall pay for
<br />the restoration of areas in which construction is carried on, shall pay for any property taken for such con-
<br />struc(ion, and to Ihe extent allowed by law, hold MUNICIPALITY harmless from all damages or claims
<br />for damages to persons or propcrty arising from the performance by PURVEYOR or ils agents of any
<br />work to install or repair or maintain Waterwork Facilities, unless otherwise provided in this AGREE- -
<br />MENT. MUNICIPALITY reserves the righl to require its own inspectors where it deems necessary on
<br />work perl'ormed within its boundaries. The cost of any such inspections shall be paid by MUNICIPALI-
<br />'fY. However, where construction of new, extension or replacement Waterworks Facilities is being carried
<br />on at the reyuest of PURVEYOR and not at the request of MUNICIPALITY, and where MUNICIPALI-
<br />"I'Y'S inspeclion is not routine, then the cost of such inspection shall be paid by PURVEYOR. • '.
<br />pRTICI,H; 9. INS"1'AI.LATION ANU MAINTENANCE OF TItUNK MAINS
<br />9.01 PURVEYOR shall have the right 1o use and shall bear the expense o( repairing, maintaining, clean-
<br />ing and relining all trunk mains Iocatcd within MUNICIPALITY'S corporate limits. PURVEYOR shall
<br />furtlicr have Ihc right lo usc and shall bear the expense of repairing, maintaining, cleaning and relining the
<br />watcr mains idcniil'ird on Exhibit li, which are defined as dislribution mains but have been deemed by
<br />PUKVGYOR to be functioning as trunk mains. PURVEYOR shall not bear the expense of cleaning and
<br />rclining any mains nut hcrcin expressly iJentified. A priority shall be established for cleaning and relining
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