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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 pers-on in the City's service <br />territory, the City may be unable to provide the service. <br />Accordingly, <br />Accordingly, the County, in recognition of this possibility <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 seal's on the dates set forth next to their <br />signatures. <br />Dated:-,?—/ __ ___ INDIAN RIVER COUNTY, FLORIDA <br />BOARD OF COUNTY COMMISSIONERS <br />Attest: (_ _!�_� <br />Cary C hee er,4-airman <br />K AO�ar o _ her s (SEAL) <br />V � <br />Dated: CITY CITY OF VERO BEACH, FLORIDA <br />Attest: <br />a. <br />CIty C.1 k Kenneth Macht Mayor <br />(SEAL)_ <br />Attachment: Exhibit "A" <br />4 <br />n iaa Rover Cu Apgroved Dale <br />Admin. <br />✓;;;�' <br />C� l3_5�r. <br />Leoal <br />_ <br />.. <br />