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<br /> <br />e <br />CITY OF~NORTH OLMSTED, void this agreement. (d) the CITY OF NORTH <br />OLMSTED shall have the right of access to the said Subdivisionts sanita <br />sewerage system at all reasonable times for inspection of construction <br />and adequate maintenance by the CITY OF WESTLAKE of its system. (e) <br />Hold harmless the CITY OF NORTH OLMSTED, its elected officials and <br />employees for any bodily injury or property damage on the property of <br />said Subdivision by reason of the CITY OF NORTH OLMSTEDTs inspection of <br />the construction and maintenance of said sanitary system by giving to <br />the CITY OF NORTH OLMSTED within thirty (30) days of the effective date <br />of this AGREEMENT evidence of an insurance policy setting forth the <br />indemnification. <br />Section 9. This AGREEMENT shall become effective as of the date <br />first set forth hereinbefore and shall continue to full force and effec <br />until March 1, 1982. The CITY OF WESTLAKE agrees to arrange for the <br />i1Services'T described herein to be provided by facilities other than tho; <br />owned by the CITY OF NORTH OLMSTED after March 1, 1982 and the CITY OF <br />WESTLAKE further agrees that any 'TServices" provided by the CITY OF <br />NORTH OLMSTID after-March 1, 1982, shall be subject to Quarterly <br />payments which are three hundred percent (300 above the rates and <br />charges specified in Section 4 hereof. The CITY OF NORTH OLMSTED may <br />forthwith cease to deliver the "Services'T as described herein after <br />March 1, 1982 by blocking the flow from the CITY OF WESTLAKE to the <br />CITY OF NORTH OLMSTED at the sampling manhole. <br />Section 10. Neither party shall be liable-for delays in perfor- <br />mance or for non-performance reasonably beyond its control, but each <br />shall be obligated to use all reasonable efforts to minimize the effect <br />and the extent of any such delay. <br />Section 11. A Waiver by either party of any default by the other <br />hereunder shall not be deemed a waiver by such party of any default <br />by the other which may thereafter occur. <br />Section 12. This AGREEMENT is made for the benefit of the parties <br />and their successors and assigns as expressly provided. <br />Page 6 <br />