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BOOK 77 F,1 E1V <br />than the Permanent County Allocation is based only on the <br />City's best estimate of progress towards build -out and <br />should this estimate be incorrect and a demand for service <br />be made to the City by a person in the City's service <br />territory, the City may be unable to provide the service. <br />Accordingly, the County, in recognition of this <br />�r <br />and in order to obtain such temporary excess capacity of the <br />City plant over the Permanent County Allocation and over the <br />Increased County Allocation, hereby agrees to indemnify, <br />defend, save, and hold the City harmless from all claims, <br />demands, liabilities, and suits of any nature whatsoever <br />arising out of, because of, or due to the City providing the <br />County with wastewater treatment service under the terms 'of <br />this Agreement, and to take whatever steps are necessary and <br />timely to provide County's own treatment plant capacity for <br />County needs higher than the Permanent County Allocation. <br />It is specifically understood and agreed that this <br />Indemnification agreement does not cover or indemnify the <br />City for its own negligence. <br />IN WITNESS WHEREOF, the parties hereto have set <br />their hands and seals on the dates set forth next to their <br />signatures. <br />Dated: — re7N INDIAN RIVER COUNTY, FLORIDA <br />BOARD OF COUNTY COMMISSIONERS <br />Attest: _ <br />Gary C, he ler, C�iairman <br />f mak. �� ton Ter (SEAL) <br />Dated:- C I TY OFj1/ERO BEACH, FLORIDA <br />Attest: <br />ALLM <br />i ty C er _ enneth Macht Mayor <br />Attachment: Exhibit "A" <br />AGREEMENT WITH EXHIBIT "A" ON FILE IN THE OFFICE OF CLERK TO THE <br />BOARD. <br />46 <br />