Consumer further agrees that:
(1) Utility retains title to and has the sole right to use all meters, connections and other property furnished by it and may remove them at any time; and
(2) Consumer is responsible for the safekeeping of all property of Utility at the Service Address; and
(3) Consumer consents to Consumer's water provider releasing to Utility, water consumption at the Service Address for exact calculation of sewer services.
(4) Consumer grants and guarantees free right of access by Utility employees, agents, and contractors to meters, connections, and other property of Utility at
the Service Address without obstruction (lUk, shrubs, decks, porches, vehicles, animals, fences, etc., or human intervention); and
(5) Consumer will keep the service line, all other piping, all plumbing fixtures and fittings and all appliances at the Service Address (not including meters
maintained by the Utility) in good and safe operating condition, first notifying the Utility prior to having repairs made to the service line, and will report
immediately to the Utility any leaks discovered; and
(6) Consumer will not connect supplementary water or sewer service to a new or existing meter or connection on Utility's system. Consumer agrees that
a separate tap with associated Charges will be required for each building or structure at the Service Address; and
(7) Consumer will notify Utility within 10 days prior to vacating the Service Address or service discontinuance for any reason; and
(8) Consumer will install, at Consumer's expense and pursuant to Utility specifications, the service line from Utility's distribution system to the point of use at the
Service Address. Consumer is responsible for obtaining correct specifications from Utility for service lines. Utility has the sole right to determine the location of
the service line's connection to the Utility's distribution system. Utility will not refund any payments made by Consumer for extension of water or wastewater
distribution lines to the property line of the Service Address unless required under a separate agreement with Utility; and
(9) Consumer agrees that Utility may install or cause to be installed a cut-off valve on the water service line at the Service Address, and that upon a Default, Utility has
the absolute right 10 days after mailing notice to the Service Address to stop water and wastewater service to the Service Address by use of the cut-off valve.
Utility has the right to do so without notice in the event of an emergency or if damage to Utility's system or plant is likely to occur or Utility is otherwise likely to
incur liability. Use of the cut-off valve to terminate wastewater service will also result in the termination of water service but Consumer must continue to pay
the minimum fee for water service if required by the water service provider.
(10)Discontinuance of Service: Consumer understands and agrees that:
a.) 10 days after mailing written notice to the Service Address (or immediately and without notice in the event of an emergency or if damage to Utility's
system or plant is likely to occur or Utility is otherwise likely to incur liability), Utility can cut off water and waste water service to the Service Address
if Consumer fails to pay any Charges, fails to comply with any of the Regulations or fails to comply with any provision of this Contract (a "Default");
and
b.) Consumer must pay an additional delinquent processing fee to reinstate service;
c.) Consumer must pay all Charges in full before service will be reinstated; and
d.) Utility employees or contracted agents are not allowed to collect payments in the field without special authorization from management; and e.)
Utility employees and contracted agents must disconnect all accounts that are delinquent; and
f. ) Consumer must pay any unpaid Charges promptly at time service is discontinued; and
g.) If consumer is renting the premises, moves out, and has any unpaid fees, the homeowner/lessor will be financially responsible for these fees;
(11) Consumer will pay a late fee equal to 10% of any Charges that remain unpaid following the delinquent date shown on the utility bill. Consumer will pay or reimburse
Utility for all costs and expenses, including, but not limited to, reasonable attorney's fee, collection fees, and interest, incurred by the Utility in collecting or
attempting to collect any Charges or other sum due from Consumer to Utility; and Consumer waives all rights of exemption as to personal property under the
constitution and laws of this state or any other state; and
(12) Septage Haulers contributing to any of the Utility's WWT Plants must sign this plus an additional agreement; and
(13) Consumer does and hereby release and forever discharge, and hereby agrees to indemnify, defend and hold harmless, Utility, its members, managers, employees,
contractors, successors and assigns (collectively, the #Indemnified Parties"), from all loss, claim, damage and expense to property, person or otherwise and of
every nature (including attorney's fees) arising out of or relating to the provision of service to the Service Address by Utility, including any loss, claim, damage
or expense arising out of a breach by Consumer of any provision of this Contract, except to the extent caused by the sole negligence or willful misconduct of
Utility. In addition, Consumer does hereby releases and forever discharge the Indemnified Parties from all loss, claim, damage and expense to property, person
or otherwise and of every kind arising from any service interruptions or other conditions or occurrences arising from or relating to use of the cut-off valve, water
or waste water line breaks or blockages, tampering, failures of the Utility system, acts of God, fire, earthquake, flood, explosion, war or hostilities, any act of
terrorism or belligerence, riot, public disorder, expropriation, requisition, confiscation or nationalization, rationing or allocation (whether imposed by law,
decree, regulation or industry insistence), restraint by order of court or governmental authority, inability to obtain necessary approvals from any governmental
authority, epidemic, quarantine, strikes or combination of workmen, labor disturbances, failure or breakdown of facilities and/or equipment (whether or not
resulting from any cause listed above), changes in laws or regulations, termination or restriction of rights under any license, franchise, easement, right-of-way
or other agreement for any cause whatsoever or any other event, matter or thing, wherever occurring, which shall not be within the reasonable control of Utility
(each a "Force Majeure Event"). Utility's failure to perform or delay in performing any of its obligations under this Contract because of a Force Majeure Event
shall not be a breach of this Contract.
