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200903'303 3. If the construction or maintenance of the Owner's private sanitary sewer service line and connecting to the City's public sanitary sewer requires the excavation of dirt, removal of hard surfacing, grass, vegetation, landscaping, or any other disruption of the surface of the public right-of-way or any other property, the Owner shall restore the surface of the area to the same condition as it existed immediately prior to the Owner's work in the area. The Owner shall obtain all necessary permits and comply with the City requirements for excavations and surfacing when doing any such work in the public right-of-way. 4. It is understood by the Owner that all plumbers' fees are at the Owner's own expense. 5. The Owner hereby waives the right to protest the creation of a sanitary sewer district to serve this area. 6. It is understood and agreed that the Owner can construct, maintain, and connect their private sanitary sewer service line to the City's sewer main at the Owner's risk. The Owner hereby waives any claim for damages against the City, its officers, agents, employee, and independent contractors for any damage or injury that may result to said private line being connected to the City's sewer main in the public right-of-way. The Owner agrees to remove the private line connection at any such time as removal is necessary in order for the City to provide public services in the area, such as installation, repair, or maintenance of utilities in the public right-of- way. 7. The Owner shall indemnify and hold harmless the City from and against any and all loss and damage, claims, demands, suits, liabilities, and payments in contract or tort resulting from or as a result of the Owner's use of the sewer main in the public right-of-way for the connection of a private sewer. 8. The Public Sewer Connection Agreement shall take effect immediately upon the date of the execution of this document by both parties and shall continue for an indefinite term; provided that either party may terminate this agreement at any time by giving the other party ninety (90) days written notice to the other. lfthe City should require the termination of this agreement, the Owner shall be required to extend sanitary sewer service to said property in another satisfactory manner without cost to the City. 9. This agreement shall be binding upon the parties hereto, their successors and assigns. 10. This Public Sewer Connection Agreement shall be constructed in accordance with the law of the State of Nebraska and the City of Grand Island, Nebraska. 11. Wherever the context of the language in this Public Sewer Connection Agreement is appropriate, the singular shall apply to the plural and the plural shall apply to the singular. - 2-