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2024-102 Resolution
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2024-102 Resolution
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Last modified
11/22/2024 8:31:16 AM
Creation date
11/21/2024 10:28:51 AM
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North Olmsted Legislation
Legislation Number
2024-102
Legislation Date
11/19/2024
Year
2024
Legislation Title
NOPEC Commercial-Industrial Program
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IX. Releases and Indemnification <br />You acknowledge that the Advanced Energy District has been created with the approval of the <br />participating political subdivisions solely for the purpose of assisting the owners of property within <br />participating political subdivisions with the financing of Authorized Improvements, and that the <br />Advanced Energy District and any participating political subdivision shall have no responsibility <br />of any kind for, and shall have no liability arising out of, the installation, operation, financing, <br />refinancing or maintenance of the Authorized Improvements. You agree that you and your <br />successors in interest to fee simple title in the subject property shall be solely responsible for the <br />installation, operation, financing, refinancing and maintenance of the Authorized Improvements. <br />Participation in the program does not in any way obligate the Advanced Energy District or any <br />participating political subdivision to protecting access with respect to any proposed developments <br />that may shade the system. You hereby acknowledge that the subject property will be responsible <br />for payment of special assessments regardless of whether the Authorized Improvements are <br />properly installed or operate as expected. <br />You agree to release, defend, indemnify, and hold harmless the Advanced Energy District and the <br />participating political subdivisions, including their officers, directors, employees and agents, from <br />and against any claims, actions, demands, costs, damages or lawsuits, arising out of or connected <br />with your participation in the Advanced Energy District's Commercial -Industrial Program. <br />X. Changes in the Advanced Energy District's Commercial -Industrial Program <br />Terms; Severability <br />The Advanced Energy District reserves the right to change this Advanced Energy District <br />Commercial -Industrial Program Project Plan and the terms and conditions of the Advanced Energy <br />District Documents at any time without notice; however, no such change will affect your obligation <br />to pay special assessments as set forth in your petition and the Advanced Energy District <br />Documents. Your participation in the Commercial -Industrial Program will be subject to the <br />Advanced Energy District Document terms and conditions in effect from time to time during your <br />participation. <br />If any provision of the Advanced Energy District Documents is determined to be unlawful, void, <br />or for any reason unenforceable, then that provision shall be deemed severable from these <br />Advanced Energy District Documents and the Commercial -Industrial Program and shall not affect <br />the validity and enforceability of any remaining provisions. <br />XI. Disclosure of Property Owner Information <br />You agree that the Advanced Energy District and any participating political subdivision may <br />disclose your personal information to any agent of the Advanced Energy District or that <br />participating political subdivision and that the Advanced Energy District, participating political <br />subdivisions and its agents may disclose your information to third parties when such disclosure is <br />essential to the conduct of the Advanced Energy District's business or to provide services to you, <br />
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