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2002-10-01
CITY-OF-BATESVILLE
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2002-10-01
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• , ' ' • fir✓ <br /> 6 .4 . 14 The cost to the County o managing and administering <br /> the Projects which are r imbursed by the power <br /> purchaser as a condition of the power sales agree- <br /> ment. <br /> 6 . 4. 15 All other documented Pro ect costs which are <br /> reimbursed to the County by the power purchaser <br /> as Annual Costs of the P ojects and otheY documented <br /> Project annual costs con istent with prudent utility <br /> practice . <br /> 6. 5 Capital Improvement and Betternt Costs - The County <br /> may elect to apportion the cost of any major repair, <br /> replacement, capital i.mprovemen or betterment (all <br /> such costs are hereafter referr d to as Capital Improve- <br /> ments) to the Projects over se v ral years for purposes <br /> of establishing annual Project- oats. In the event the <br /> County does not fund any Capit Improvement from <br /> available Project revenue in a ingle year, the County <br /> may select a term for annual a ovation of recovery <br /> of the cost of such Capital Im ovement equal to the <br /> shorter of (1) the useful .life f such improvement <br /> in accordance with normal utili y practice or (b) the <br /> time remaining on the license f r the Projects from <br /> the date of completion of such pital Improvement. <br /> Such computed annual costs for pital Improvements <br /> will include the computed cost interest at the last <br /> interest rate in effect for any utstanding bonds for <br /> the Project unless the County t secure new financing <br /> for such Capital Improvement, i which event the appli- <br /> cable interest rate will be equ to the rate incurred <br /> for such financing . <br /> 7 . 0 Assignment - Neither Paxty shall ass n its rights to this <br /> agreement to another party without t written authorization <br /> of the other Party to this Agreement <br /> 8 .0 Indemnification - County agrees to d end, indemnify, and <br /> hold harmless the City, the City Cou il , officers , agents , <br /> and employees from any and all loss , amage , liability , <br /> claims , demands , costs, charges, and �tpenses , including <br /> reasonable attorney fees and causes action of whatever <br /> character which the City may incur, tain, or be subjected <br /> to on account of County having enter into any contract or <br /> on the account of loss or damage to perty or .loss of use <br /> thereof, or for bodily injury to or th of any persons <br /> arising out of the actions of County its officers, employees <br /> or agents connected with the actions rformed hereunder. <br /> -6- <br />
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