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Sanitary Sewer License Agreement City /Wampler 87- 105865 Page Two (2) connection fee is not an assessment, but will be credited to any future aoxesemnt in the event the Licensees real estate is included in a sanitary sewer district which may be constructed in the future. 4. CONSTRUCTION AND MAINTENANCE RESPONSIBILITIES. The private sanitary sewer service line constructed and maintained by the Licensees shall remain and be their property and in no event shall the City be required to maintain said line. If the construction or maintenance of the Licensees private sanitary sewer service line and connection to the City's sanitary sewer line requires the excavation of earth, removal of improvements or fixtures or any other disruption to the surface of the City's utility easement, the Licensees shall restore the surface of the area to the same condition as it existed prior to the Licensees work in the area. Licensees shall obtain all necessary permits and shall comply with the City requirements for excavations and surfacing when doing any such work in said easement. 5. RISKS OF LOSS. It is understood and agreed by the parties that the Licensees can construct, maintain and connect their private sanitary sewer service line to the City's sewer line at their own risk. The Licensees hereby waive any claim for damages against the City, its officers, agents, employees and independent contractors for any damage or injury which may result to said private sanitary sewer service line for any reason after being connected to the City's sanitary sewer line. The Licensees agree to disconnect their private sanitary sewer service line from the City's sewer line at any time such removal is necessary in order for the City to provide public services in the area, such as the construction of a collector sewer main or the installation, repair, or maintenance of other utilities in the City's utility easement. The Licensees shall indemnify and hold harmless the City from any loss, damage, claims, causes of action or liability to any nature as a result of the Licensees' use of their private sanitary sewer service line or its connection to the City's sewer line. 6. WAIVER OF PROTEST. The Licensees hereby waive the right to protest the creation of any sanitary sewer service district which includes the above described real estate within its boundaries. 7. DURATION OF AGREEMENT. This sanitary sewer license agreement shall take effect immediately upon execution by all parties and shall continue for an indefinite term; provided, that either party may terminate this agreement at any time by giving the other parties 90 days written notice. If the City shall require the termination of this agreement, the Licensees shall be required to connect sanitary sewer service to their property in another satisfactory manner without cost to the City. a U