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? • <br />ANl'ICLt: 7. RIGIIT '10 US1?; STRH;l?:I'ti, ??'ATER MAINS, ANU l;(2U11'Mt'.N <br />7.01 1'URVEYOIt shall havc Ihc right to use ihe cascments, streels, and other public ways and places of <br />?., MUNICIPALITY to lhc cxtenl MUNICIPALiTY has such rights, for Ihe purpose oC laying, extcnding, <br />maintaining and repairing waler mains and doing such olher acts as PURVEYUR shall deem to be <br />ncressary for the dclivery ol' waler to all of PURVEYOR'S present and potential consumers, whether <br />locatcd insidc or outsidc of the tcrritorial boundaries of MUNICIPAL[TY. <br />7.02 1'URV6YOR sliall havc thc right to use, extend, tap or connect inlo any and all water mains and <br />oUicr water transmission facilitics, irrespective of whether or not they are owned or controlled by <br />MUNICIPALITY, without any fcc or chargcs by MUNICIPALITY to PURVEYOR for the exercise of <br />such right, provided such water mains and/or other water transmission facilities are connected into <br />NURVEYOR'S W3lCfWUfkS SySlClll. <br />7.03 Tlic surfarc casements and slrects sliall bc restorcd to prcvious condition (afler laying, extending, <br />rcpairing and niaintaining wa(er mains) by MUNICIPALI'i'Y at 1'URVEYOR'S expcnse unless otherwise <br />agrccd lo in wriling by MUNICIPALITY and PURVEYOR. <br />AR7lCLE R. INS'fALLATION AND MAINTENANCF: OH WA'TEH FACILITIES <br />8.01 PUKVEYnR sliall havc thc obligation to provide, at its own cost and expense, the planning, <br />enginecring, purchasing, construction, installation, and to place in operation, maintain and repair all <br />Watrrworks Pacilities tiiat PURVEYOR in its sole discrelion dcems necessary or conducivc to lhe proper <br />and cfl'iricnt funclioning of thc watcrworks syslem, unless otherwise provided in this AGREEMENT. <br />9.02 Whcn, in the opinion of the Commissioner, additional Waterworks Facililies need to be installed <br />widhin thc corporatc lin?its of MUMCIPALI7'Y, MUNICIPALITY sliall cooperate with PURVEYOR in <br />the construction or installation of such facilities to the exten( such cooperation sliall not impose any addi- <br />tianal cost to MUNICIPALITY, unless otherwise provided in this AGREEMENT, and PURVEYOR shatl <br />rrervidc MUNICIPALITY with due nolice as to Uhe location of the proposed Walerworks Eacilities. <br />MUNICIPALI'rY sliall not charge PURVEYOR for any permils in connection with such installation, and <br />MUNICIPALITY shall coopcrate in providing al( permits, easements, rights-oi-way, access, traffic con- <br />trut ancl othcr rightti and privilcgcs nrccssary to facilitate PURVEYOR'S work. PURVEYOR shall pay for <br />lhc retiioration of arcas in whicli construction is carried on, shall pay for any property taken for such con- <br />struction, and to the extent allowed by law, hold MUNICIPALITY harmless from all damages or claims <br />I'or damagcs to pcrsons or property 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 ihis AGREE- <br />ML'NT. MUNICIPALITY rescrves the right to require its own inspectors wliere it deems necessary on <br />work pcrforrned within ils boundaries. The cost of any such inspections shall be paid by MUN1CiPAL1- <br />TY. {iowcvcr, wlicrc construclion of ncw, extension or replacemcnt Waterworks Facililies is being carried <br />on at thc rcyucst of PURVEYOR and nol at lhe reques( of MUNICIPALITY, and where MUNICIPALI- <br />'1'Y'S inspection is not routine, then lhe cost of such inspection sliall be paid by PURVEYOR. <br />AK'IlCl.E '). INS'1'AI.I.ATION ANU MAINTENANCE OF'('RUNK MAINS <br />9.01 I'URVEiYnR sliall havc thc right Io use and sliall bear the expense of repairing, maintaining, clean- <br />ing .incJ rclining all trunk mains locatcd within MUNICIPALITY'S corpuratc limits. PURVGYOR sliall <br />turilirr have thc right io usc and shall bcar thc expcnse of repairing, maintaining, cleaning and relining the <br />w,iirr mxins iclcniilicd un L'xliibit l3, which are defincd as distribution mains but_have been deemed by <br />I'UKVL:YOR to bc funcliuning as lrunk mains. PURVEYOR shall not bear thc cxpensc of clcaning and <br />rchniiig .iny mains nol hcrcin cxpxcssly icJcntificd. A priority sliall bc established for clcaning and relininb <br />4