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IR 110 414 tnderealeen by Developer, by reason or as a result of the Developer's occupancy there- of, and from and against any orders, judgements, and/or decrees which may be entered thereon and from and against all costs, counsel fees, expenses and liabilities 6 Incurred in and about the defense of any such claim and the investigation thereof. 4. Developer shall be responsible for the cost of the water and wastewater maters, including installation, and the construction of the meter pit as -specified by the Utilitie's engineer. Upon completion of these facilities and the. Utilitie's engineer approval, Developer shall convey such meter facilities to Utilities by a Hill Sale and will provide to Utilities a No -Lien Affidavit, a Release of Lien and a detailed account of cost of the construction of said facilities. The point of con- nections and meter sites shall be at the locations shown on Exhibits "B" d 110. 5. Upon completion of construction of the water and sewer facilities and Utilities engineer approval, Developer shall convey those water and sewer lines fro= the points`shown on Exhibit "B" and "C" to the points of connection to the existing Utilities facilities by a Hill of Sale and will provide Utilities with a No -Lien -Affidavit, a Release of Lien and a detailed cost of construction of the water and sewer lines described in this paragraph. This paragraph shall be a condition prece- dent to Utilities providing any service and any responsbility for Utilities to operate said facilities. Upon completion of the terms of this paragraph, Utilities shall undertake ownership, operation and maintenance of the facilities described in this paragraph. G. The charges contained in this Agreement are based upon the estimated gallons of usage, to be supplied to Developer and Utilities reserves the right to revise suck figures to conform to the actual usage, which may be computed at any time by averaging the prior three (3) month period during any calendar year, during the life of this Agreement. Developer agrees to pay any additional charges which would be required by applying the rates contained in this Agreement to any recomputed ,gallons of usage. 7. Utilities is not obligated to provide plant capacity or service in excess of the amounts estimated to be supplied in this Agreement. All charges have been based upon estimated usage supplied by the Developer and Utilities shay require Developer to curtail use which exceeds such estimated requirements. 8. Except for the aforementioned charges for extension of service, all rates and charges made by Utilities to Developer, and to future customers who will be serviced by Utilities, shall be made in accordance with the tariff filed by Utilities with THE CITY OF SEBASTIAN in acccordance with such tariff, as amended, as may be from time to time adapted and approved by THE CITY OF SEBASTIAN in Ln/61.41.10