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reasonable precaution to prevent the use of reclaimed water received as potable water. Signs shall be strategically posted in accordance with the Florida Administrative Code. JIWM's reclaimed water facilities shall be operated, maintained, and administered in a manner which adheres to the codes, standards,and guidelines established by the COUNTY and the respective regulatory agencies. (d) JIWM shall use the reclaimed water to irrigate the Property in a manner consistent with all Federal, State and local laws and regulations. JIWM shall file a written plan (IQ Protocol or Reclaimed Water Use Protocol) with SJRWMD, FDEP and the COUNTY, which outlines the intended use of the reclaimed water. The Protocol shall be updated and amended in writing whenever the intended use materially changes. JIWM shall strictly comply with all Federal, State and local regulations with respect to the discharge of any reclaimed water into State of Florida waters. Section 2. COUNTY's Liability for Failure to Deliver Reclaimed Water: (a) JIWM understands and acknowledges that the COUNTY will not guarantee the delivery of a set amount of reclaimed water. (b) JIWM further agrees that the COUNTY shall not be held liable to JIWM for any damages or expenses incurred by JIWM because of the COUNTY's failure to deliver reclaimed water. Section 3. JIWM's Obligations: (a) Unless otherwise noted, JIWM shall prepare at its own expense; plans, specifications, agreements, advertisement and general conditions, hereinafter referred to has the "contract documents" for the lines and facilities necessary to deliver the reclaimed water from the COUNTY's reuse storage and repump facility located at 77th Street to the reclaimed water meter serving the Property. JIWM must obtain COUNTY approval for all plans and specifications prior to submittal to the permitting agencies. JIWM shall be responsible for all costs associated with the design and permitting and construction of the facilities not on the Property (which includes but is not limited to transmission lines, reclaimed meter, and associated appurtenances)whether designed, permitted or constructed by JIWM or the COUNTY. (b) The design, permitting, construction, operation and maintenance of all on-site reclaimed water facilities which are on the Property (including but not limited to reclaimed water meter, transmission lines, pumps, valves, storage facilities, and irrigation equipment) shall be JIWM's sole responsibility and expense. All construction of on-site reclaimed water lines and facilities up to the irrigation system shall be subject to COUNTY review and approval. (c) JIWM shall comply with reasonable requests by the COUNTY concerning on-site operations and maintenance including but not limited to all FDEP and SJRWMD regulations relating to reporting requirements, signs, spraying, and color-coding of reclaimed water equipment. (d)JIWM shall be deemed in possession of the reclaimed water on JIWM's side of the reclaimed water meter, however JIWM shall not be deemed to own the reclaimed water and the right to transfer or sell the reclaimed water is limited. JIWM may not transfer or sell the reclaimed water to any party for use offsite of the Property without written permission from the COUNTY, which permission shall not be unreasonably withheld. (e) JIWM may change the location of the site or sites where the reclaimed water is applied provided such change does not interrupt nor diminish JIWM's ability to accept all of the reclaimed water and such change remains in compliance with all Federal, State and local regulations and the terms and conditions of this Agreement. Page 2 of 8 \VIPOASERVER\RedirectedFolders\Jim.Moller\My Documents VIWM file\IRC Reuse\Final John's Island Reuse IRC Agreement(3)10_31_2017IRC.doc