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SECTION 4.03. INDEMNIFICATION. The County shall indemnify <br />and hold harmless the City from any claims, damages or judgments, <br />including attorney fees and costs, arising from the County's <br />acquisition of the System and operation thereof. The County <br />specifically agrees and guarantees that it shall fund this <br />indemnification and save harmless covenant from the County's water <br />and wastewater utility fund. The County will not indemnify and the <br />City will hold the County harmless from any and all liability <br />arising out of the case styled Citrus Utilities. Inc. v. General <br />Develop,Ment Utilities. Inc. and City of Sebastian; Case Number 94- <br />0202 -CA -03 filed in the Circuit Court of Indian River County, <br />Florida. <br />SECTION 4.04. ORDINANCE CONSENTING TO ASSESSMENT WITHIN THE <br />CITY. Prior to closing the City shall adopt an ordinance <br />consenting to the imposition of special assessments by the County <br />relative to the provision of water or wastewater services, <br />facilities or programs. Such ordinance shall only become effective <br />upon closing on the transfer of the Sebastian Utility System as <br />contemplated herein and shall be in substantially the form attached <br />hereto as Appendix C. The City on the written request of the <br />County shall adopt an ordinance consenting to the establishment of <br />a municipal service benefit unit or the imposition of special <br />assessments by the County within the City for the express purpose <br />of the County providing water and wastewater utility service <br />facilities. C <br />12 at 28 <br />