Agenda package - 10-15-12 Reg. Meeting

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U 7 Contract is subject to such rules, regulations, or laws as may be applicable to similar agreement in this State, and Sanford and Goldston will collaborate in obtaining such permits, certifications, or the like, as may be required to comply therewith. 15. Compliance: Goldston shall comply with any terms or conditions of Sanford related to the wastewater. Goldston agrees to act to assure compliance by all of its customers with Sanford's Sewer Use Ordinance. Goldston agrees that if the effluent from Goldston's system exceeds the parameters, the penalties under Sanford's Sewer Use Ordinance apply and shall be paid by Goldston or passed on to its customers, up to and including termination of service. 16. Right of Access: Sanford shall have the right to collect and analyze wastewater samples from within Goldston's collection system to determine compliance with Sanford's Sewer Use Ordinance and to determine sources of non - compliance. 17. Successors: In the event of any occurrence rendering Goldston or Sanford incapable of performing under this Contract, any successor of Goldston or Sanford, whether a result of legal process, assignment, or otherwise, shall succeed to the rights of Goldston and Sanford hereunder, respectively. 18. Indemnity and Limits of Liability In the event wastewater that does not conform to the Sanford Sewer Use Ordinance and which causes upset at the Wastewater Treatment Plant or causes Sanford to exceed its discharge permit parameters, attributed to Goldston and/or its customers, Goldston shall indemnify Sanford and pay any penalty, costs or expenses that Sanford incurs. Sanford shall not be liable for any failure of the wastewater collection system of Goldston. Sanford shall not be liable for any failure of the wastewater treatment system that is attributable to discharges from Goldston's wastewater collection system. 19. Obligation to Goldston: Payments due by Goldston hereunder shall be made monthly. 20. Goldston to Fix Adequate Rates: Goldston shall fix and collect such rates and charges for sanitary sewer services and will make possible the prompt payment of all expenses of operating and maintaining its sanitary sewer collection system. Failure to do so shall constitute a breach of this Contract. 21. Termination: Following the initial term, either party can terminate this agreement with thirty (30) days written notice, prior to the end of each term, to the parties listed below. 22. Amendment The provisions of this agreement may be amended at any time upon mutual written agreement of the parties.