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537
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<br />After completion of all construction, the Applicant shall furnish the
<br />original drawings of all construction plans, revised to show any and all
<br />revisions encountered during construction, to the Cabarrus County
<br />Utility Department marked "As-Built". The final plans shall show the
<br />actual condition in which the facility was physically constructed and/or
<br />installed. Further, the final plans shall show the correct location of
<br />the facility as it relates to easements, right-of-way lines, property
<br />lines, buildings, underground and/or overhead utility lines, roadways,
<br />railroads, and all other physical features that would have any effect or
<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.
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<br />10.
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<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 accordance with the requirements of the Cabarrus County Utility
<br />Department and shall be designed to cover any future expansion necessary
<br />to accommodate all anticipated flows in the drainage area in which the
<br />lines are located.
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<br />11.
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<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.
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<br />12.
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<br />13.
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<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.
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<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.
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<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
<br />SUBCONTRACTOR(S), anyone directly or indirectly employed by any of them,
<br />or 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
<br />Compensation Acts, Disability Benefit Acts or other employee benefits
<br />acts.
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<br />14.
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<br />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.
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<br /> IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
<br />executed, the day and year first above written.
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