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2002-10-01
CITY-OF-BATESVILLE
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2002-10-01
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such indArri.fication shall exclude diges arising from th� <br /> negligence, errors, or omissions of the City, its officers, <br /> ® agents, or employees, or of others. Further, such indemni- <br /> fication will extend to any and all oases, claims, causes <br /> of action, costs, charges or expenses related to Project <br /> 1 of whatsoever kind or nature unless the City has specifi- <br /> cally and unequivocally assumed 'that liability under a <br /> particular term of this agreement. Furthere the City shall <br /> appear as a named insured on all pocies of insurace as i <br /> its interest may appear. <br /> 9 . 0 Protection of Park - The County wil take all reasonable <br /> actions available to it to protect e park adjacent to <br /> the Project 1 site from (1) physica disturbance and (2) <br /> access limitations to maintain publ use of such park <br /> and related facilities during const ction and operation <br /> of Project 1 . <br /> 10 . 0 Term of Agreement - This AgreementuL11 become effective <br /> upon its execution by both Parties aid shall extend for the <br /> full term of the license (s) granted y the Federal Energy <br /> Regulatory Commission and all renewaLs or extensions of <br /> such license (s) for Project 1 . <br /> 11 .0 There shall be no alterations or ch ges to the Dam, other <br /> than those in keeping with the FERC icense or amendments <br /> thereto which would affect any curre t or future use which <br /> may be made of the impoundment- and/c Dam by the City <br /> unless such change or alteration ha 11been specifically <br /> agreed to in writing by the City. I L Dam and real property <br /> shall be maintained by the County an the Dam and Real Property <br /> shall be kept in good repair, and up n return to the City <br /> shall be in good repair and conditi All facilities are <br /> to be maintained and kept in good re air and if abandoned <br /> by the County upon termination of th a Agreement shall be <br /> in good, non-hazardous condition . <br /> 12 . 0 The County shall timely provide the ity with a complete <br /> financial statement no less often th a once annually. <br /> 13.0 Payments to the City of Batesville a defined in Section 6. 4 <br /> will be made in one of the following ethods: <br /> 13 . 1 Within 10 days of each month-eni with adjustments <br /> made within 60 days of the end i the fiscal year <br /> for annualized costs or audit a ustments. 'Phe County <br /> will render financial reports w h each payment. <br />
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