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(a) Provide continuous (subject to unavoidable interruptions or outages),
<br />adequate, and customary water, wastewater, and reclaimed water utility services to
<br />customers contracting for such service.
<br />(b) Operate, regularly maintain, and promptly repair when necessary the water,
<br />wastewater, and reclaimed water utility facilities and systems in order to continue
<br />adequate service.
<br />(c) Maintain sufficient water pressure and water mains of sufficient size with
<br />fire hydrants and other facilities necessary to allow for fire protection.
<br />(d) Deal with all customers in a manner no less favorable than CITY'S dealings
<br />with its customers served inside its own corporate boundaries.
<br />Section 11. Location of Facilities. All water, wastewater, and reclaimed water
<br />utility system facilities shall be so located and so constructed as to interfere as little as
<br />practicable with traffic over the streets, alleys, bridges, and public places, and with
<br />reasonable egress from and ingress to abutting property. The location or relocation of all
<br />such facilities shall be made and with the approval of such representatives as the
<br />governing body of COUNTY may designate for the purpose, but not so as unreasonably
<br />to interfere with the proper construction, maintenance, repair, or operation of the water,
<br />wastewater, or reclaimed water utility systems by CITY. When any portion of a street is
<br />excavated by CITY in the location or relocation of any utility facilities, the portion of the
<br />street so excavated shall, within a reasonable time and as early as practicable after such
<br />excavation, be replaced by CITY at its expense, and in as good condition as it was at the
<br />time of such excavation. Provided, however, that nothing herein contained shall be
<br />construed to make COUNTY liable to CITY for any cost or expense in connection with the
<br />construction, reconstruction, repair or relocation of the utility facilities in streets, highways,
<br />or other public places made necessary by the widening, grading, paving or otherwise
<br />improving by COUNTY of any of the present or future streets, avenues, alleys, bridges,
<br />highways, easements, or other public places used or occupied by CITY. Notwithstanding
<br />the foregoing, CITY shall be entitled to reimbursement of its costs as may be provided by
<br />law, including but not limited to, grants, federal and state funds, leases, and bonds.
<br />Section 12. Liability and Indemnification.
<br />(a) The COUNTY shall in no way be liable or responsible for any accident or
<br />damage that may occur in the construction, installation, maintenance, or operation by
<br />CITY of the utility facilities hereunder, and approval of this Franchise Agreement by CITY
<br />shall be deemed an agreement on the part of CITY to indemnify and hold COUNTY
<br />harmless against any and all liability, loss, cost, damage, or expense which may accrue
<br />to COUNTY by reason of the negligence or misconduct of CITY in its performance of such
<br />construction, installation, maintenance, repair, or operation (but excluding to the extent
<br />any such claim is based on the negligence of COUNTY), including but not limited to
<br />attorneys' fees, experts' fees, and costs incurred for defending any and all such claims or
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