Laserfiche WebLink
<br />429628.1 3 <br />5225264.1 <br />6.2. For existing connections, the City will provide reasonable notice to Zone 7 <br />of any changes it makes in the meter size, type, or specification of an installed meter. <br />6.3. “Reasonable notice” under this Section shall mean written notice to Zone 7 <br />within 60 days of the change. Any notice required by this Section shall be provided in the <br />manner of providing notice set forth in Section 14 below. <br />7. Remittance Obligations. <br />7.1. The City shall remit to Zone 7 the Connection Fees it collects by the 15th of <br />the month following their collection, less the amount provided by Section 4 above. Any <br />payment which is not made to Zone 7 when due under this Agreement shall bear interest <br />at the rate of 10% per annum from the due date to the payment date. <br />8. Termination. <br />8.1. Zone 7 may terminate this agreement with or without cause on 90 days’ <br />written notice to the City. <br />8.2. The City may terminate this agreement with or without cause on 90 days’ <br />written notice to Zone 7. <br />9. Indemnity and Defense. <br />9.1. Zone 7 shall defend, indemnify, and hold harmless the City and its officers, <br />agents and employees from any claims, demands, challenges, or actions by third parties <br />challenging Zone 7’s Connection Fee except for those arising solely from the negligence <br />or willful misconduct of the City or its officers, agents or employees. Zone 7 agrees that <br />the City is not a necessary party to any such challenges. <br />9.2. The City shall defend, indemnify, and hold harmless Zone 7 and its officers, <br />agents and employees from any claims, demands, challenges, or actions by third parties <br />to the City’s operation of its utility, including the City’s selection of water metering <br />technology, except for those arising solely from the negligence or willful misconduct of <br />Zone 7 or its officers, agents or employees. The City agrees that Zone 7 is not a necessary <br />party to any such challenges. <br />10. Third Party Investigation. <br />10.1. Zone 7 may hire, at its expense, a third party to investigate the City’s fee <br />collection practices, including inspection of its records and meters installed. If the Third- <br />Party Investigation discovers a significant discrepancy in the amount of fees collected <br />and remitted to Zone 7, the City will pay for the Third-Party Investigation. <br />Page 10 of 846