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6 . Excluded Items : This Contract does NOT include the cost for and/or liability on the part of the Company for : ( 1 ) containment of the tank at anytime during the term of the Contract; ( 2 ) disposal of any hazardous waste materials ; ( 3 ) resolution of operational problems or structural damage due to cold weather; (4 ) repair of structural damage due to antenna installations or other attachments for which the tank was not originally designed ; ( 5 ) resolution of operational problems or repair of structural damage or site damage caused by physical conditions below the surface of the ground ; ( 6 ) negligent acts of Owner ' s employees , agents or contractors ; ( 7 ) damages , whether foreseen or unforeseen , caused by the Owner ' s use of pressure relief valves ; ( 8 ) repairs to the foundation of the tank ; (9 ) structural repairs or interior renovations as set forth in Paragraph 4 ; or ( 10 ) other conditions which are beyond the Owner ' s and Company ' s control , including, but not limited to : acts of God and acts of terrorism . Acts of terrorism include, but are not limited to , any damage to the tank or tank site which results from unauthorized entry of any kind to the tank site or tank ; ( 1 I ) interior painting ; ( 12 ) any structural repairs to the concrete . 7 . Termination . The Owner shall have the right to continue this Contract for an indefinite period of time providing payment of the annual fees is in accordance with the terms herein . This Contract is subject to termination by the Owner only if written notice of intent to terminate is received by the Company ninety (90 ) days prior to the first day of the upcoming Contract Year . Notice of Termination is to be delivered by registered mail to Utility Service Co . , Inc . , Attn : Customer Service , P . O . Box 1350 , Perry, Georgia 31069 , and signed by three ( 3 ) authorized voting officials of the Owner ' s management and /or Commissioners . 8 . Assignment. The Owner may not assign or otherwise transfer all or any of its interest under this Contract without the prior written consent of the Company . If the Company agrees to the assignment , the Owner shall remain responsible under this Contract, until its assignee assumes in full and in writing all of the obligations of the Owner under this Contract . 9. Indemnification . THE COMPANY AGREES TO INDEMNIFY THE OWNER AND HOLD THE OWNER HARMLESS FROM ANY AND ALL CLAIMS , DEMANDS , ACTIONS, DAMAGES , LIABILITY , AND EXPENSE IN CONNECTION WITH LOSS OF LIFE , PERSONAL INJURY , AND/OR DAMAGE TO PROPERTY BY REASON OF ANY ACT , OMISSION , OR REPRESENTATION OF THE COMPANY OR ITS SUBCONTRACTORS, AGENTS , OR EMPLOYEES . IN TURN , THE OWNER AGREES TO INDEMNIFY THE COMPANY AND HOLD THE COMPANY HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS , ACTIONS , DAMAGES , LIABILITY , AND EXPENSE IN CONNECTION WITH LOSS OF LIFE , PERSONAL INJURY , AND/OR DAMAGE TO PROPERTY BY REASON OF ANY ACT , OMISSION , OR REPRESENTATION OF THE OWNER OR ITS CONTRACTORS , AGENTS , OR EMPLOYEES . THE INDEMNIFICATION PROVIDED IN THIS PARAGRAPH DOES NOT AFFECT THE COMPANY ' S LIMITATIONS OF LIABILITY SET FORTH IN OTHER PARAGRAPHS OF THIS CONTRACT . 10 . Assignment of Receivables . The Company reserves the right to assign any outstanding receivables from this Contract to its Bank or other Lending Institutions as collateral for any loans or lines of credit . 11 . Miscellaneous Items . No modifications , amendments, or alterations of this Contract may be made except in writing signed by all the parties to this Contract . No failure or delay on the part of any party hereto in exercising any power or right hereunder shall operate as a waiver thereof. The parties expressly warrant that the individuals who sign below are authorized to bind them . Page 3 of 4 2007 Utility Service Co . , Inc . Rev . 04/07