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AG 1992 08 17
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AG 1992 08 17
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Last modified
3/25/2002 4:11:51 PM
Creation date
11/27/2017 12:02:13 PM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/17/1992
Board
Board of Commissioners
Meeting Type
Regular
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10. <br /> <br />12. <br /> <br />connection therewith. <br /> <br />The APPLICANT, having constructed the aforesaid water system at <br />his own proper cost and expense and outside the DISTRICT'S <br />standard policy for sewer extensions, agrees to waive all claims <br />for compensation or monies refundable for any capital facilities <br />constructed. <br /> <br />Indemnification of the DISTRICT. The APPLICANT will indemnify, <br />hold harmless and keep harmless, the DISTRICT and its agents and <br />employees from and against all claims, damages, losses and <br />expenses - including attorney's fees - arising out of or <br />resulting from the performances of the work, provided that any <br />such claim, damage, loss or expense is attributable to bodily <br />injury, sickness, disease or death, or to injury to or <br />destructions of tangible property including the lo~s of use <br />resulting therefrom, and is caused in whole or in part by any <br />negligent or willful act or omission of the DEVELOPER, <br />CONTRACTOR, an~ SUBCONTRACTOR(S), or any one directly or <br />indirectly employed by any of them or anyone for whose acts any <br />of them may be liable. <br /> <br />In any and all claims against the DISTRICT or any of its agents <br />or employees, by any employee of the DEVELOPER, CONTRACTOR, an~ <br />SUBCONTRACTOR(S), any one directly or indirectly employed by any <br />of them, or anyone for whose acts any of them may be liable, the <br />indemnification obligation shall not be limited in any way by any <br />limitations on the amount or type of damages, compensation or <br />benefits payable by or for the DEVELOPER, CONTRACTOR, an~ <br />SUBCONTRACTOR(S) under Workman's Compensations Acts, Disability <br />Benefit Acts or other employee benefits acts. <br /> <br />Without limiting the foregoing, all of the provisions of <br />Paragraph 11 shall apply without limitation to any claim or <br />action in the nature of trespass, inverse condemnation, nuisance <br />or similar claim or action for damage to real and/or personal <br />property. ~' <br /> <br />The APPLICANT agrees to begin construction of the herein <br />described water main(s) within a period of __ months and to <br />complete construction, ready for DISTRICT acceptance, within <br />months following Commissioners approval of this contract. IT <br />the construction of the water main(s) does not adhere to the <br />above time schedule, then the DISTRICT may, upon a thirty (30) <br />day written notice, terminate the following Paragraphs of this <br />contract: 1, 2, 3, 6, 7, 8 and 9. The remaining provisions of <br />this contract shall remain in full force and effect. <br /> <br />Upon termination of this contract under the provisions of this <br />Paragraph, the APPLICANT agrees to the following: <br /> <br /> <br />
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