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562 <br /> <br />influence upon the constructed facility. The Professional Engineer <br />employed to design the facility shall be responsible for the accuracy <br />and completeness of the facility as shown on the final edition of the <br />original construction plans. These original drawings shall become the <br />property of the County. <br /> <br />10. <br /> <br />It is further understood and agreed that if any of the above described <br />sewer lines are served by or connected in any manner to pressure lines <br />of lift stations, the design of such pressure lines and lift stations <br />shall be in accordance with the requirements of the Cabarrus County <br />Utility Department and shall be designed to cover any future expansion <br />necessary to accommodate all anticipated flows in the drainage area in <br />which the lines are located. <br /> <br />11. <br /> <br />It is understood and agreed that when the described sewer system is <br />constructed according to the plans, specifications, and standards of the <br />Cabarrus County Utility Department, said sewer system shall <br />automatically become the property of the County without cost to the <br />County, and without further agreement in connection therewith. <br /> <br />12. <br /> <br />13. <br /> <br />The Applicant, having constructed the aforesaid sanitary sewer at his <br />own proper cost and expense and outside the County's standard policy for <br />sewer extensions, agrees to waive all claims for compensation or monies <br />refundable for any capital facilities constructed. <br /> <br />Indemnification of the County. The Contractor/DeveloPer will indemnify, <br />hold harmless and keep harmless, the County and its agents and employees <br />from and against all claims, damages, losses and expenses - including <br />attorney's fees - arising out of or resulting from the performance of <br />the work, provided that any such claim, damage, loss or expense is <br />attributable to bodily injury, sickness, disease or death, or to injury <br />to or destruction of tangible property including the loss of use <br />resulting therefrom, and is caused in whole or in part by any negligent <br />or willful act or omission of the DEVELOPER, CONTRACTOR, and <br />SUBCONTRACTOR(S), or anyone directly or indirectly employed by any of <br />them or anYone for whose acts any of them may be liable. <br /> <br />In any and all claims against the County or any of its agents or <br />employees, by any employee of the DEVELOPER, CONTRACTOR, AND SUB- <br />CONTRACTOR(S), anyone directly or indirectly employed by any of them, or <br />anyone for whose acts any of them may be liable, the indemnification <br />obligation shall not be limited in any way by any limitation on the <br />amount or type of damages, compensation or benefits payable by or for <br />the DEVELOPER, CONTRACTOR, and SUBCONTRACTOR(S) under Workman's Compen- <br />sation Acts, Disability Benefit Acts or other employee benefits acts. <br /> <br />14. Activation of Completed Sanitary Sewers. No sanitary sewers constructed <br /> under this contract are to be connected to any portion of the existing <br /> Cabarrus County Utility Department maintained system without the <br /> issuance of a discharge permit from the appropriate County, State, or <br /> Federal Agency, whichever might have control. Any construction <br /> performed prior to the issuance of this permit will be done solely at <br /> the risk of the Developer, even if prior approval has been granted by <br /> the County. The applicant also agrees to pay all fees required to <br /> obtain such permit. <br /> <br /> IN WITNESS WHEREOF, the parties hereto have caused this instrument to be <br />executed, the day and year first above written. <br /> <br />ATTEST: <br />/s/ Sprin~ H. Harwood <br /> WITNESS' <br /> <br />BY: <br /> <br />/s/ T. L. Kale~ Pres. <br /> APPLICANT <br />Lawson Development Company <br /> <br />ATTEST: <br />/s/ Frankie F. Small <br /> <br />CLERK <br /> <br />CABARRUS COUNTY, NORTH CAROLINA <br />BY: /s/ James W. Lentz <br /> <br /> CHAIRMAN <br />BOARD OF COMMISSIONERS <br /> <br /> <br />