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2 . 2 The DEVELOPER acknowledges and agrees that: the COUNTY does not guarantee the delivery of a set amount of Reclaimed Water. The COUNTY will attempt to allocate an average daily volume of one ( 1 ) million gallons. This allocation is non-binding and non- committal . The DEVELOPER shall control the volume of Reclaimed Water accepted , stored, and utilized by the DEVELOPER. Notwithstanding anything to the contrary, the DEVELOPER is not obligated to accept Reclaimed water which does not meet FDEP standards or any time the DEVELOPER'S reclaimed water impoundment is at or nearing capacity. 2 . 3. The DEVELOPER further acknowledges and agrees that the COUNTY shall not be liable to the DEVELOPER for any damages or expenses of any nature whatsoever incurred by DEVELOPER because of the COUNTY's failure to deliver Reclaimed Water. The DEVELOPER acknowledges and agrees that the COUNTY may be required to disrupt Reclaimed Water service to the DEVELOPER'S Property due to emergency conditions, peak demands , or planned system maintenance. The DEVELOPER acknowledges and agrees that the COUNTY shall not be responsible for any damage of any nature whatsoever that may be caused to the DEVELOPER's Reclaimed Water System or other facilities or property owned by DEVELOPER and located on the Property by such disruptions . 3 . 0 ADDITIONAL DEVELOPER OBLIGATIONS : 3. 1 The DEVELOPER shall prepare at its own expense all plans , specifications , agreements , advertisement, and general conditions, (hereinafter the "Contract Documents") for the Reclaimed Water System . The COUNTY must approve all plans and specifications contained in the Contract Documents prior to permit submittal to the applicable permitting agencies . The DEVELOPER shall be responsible for all costs associated with the design , permitting , and construction of the Reclaimed Water System depicted on Exhibit B attached hereto and made a part hereof to be located within the existing right of way of 53rd Street whether the Reclaimed Water System is designed , permitted or constructed by the DEVELOPER or the COUNTY. 3 . 2 The design , permitting , construction , operation , and maintenance of all on-site Reclaimed Water facilities which are on the DEVELOPER's Property (including but not limited to reclaimed water meter, transmission lines, pumps , valves , storage facilities , backflow prevention devices , and irrigation equipment) shall be the DEVELOPER'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. The DEVELOPER agrees to obey any state, federal , and local laws , regulations , and standards that may apply to the DEVELOPER'S use of Reclaimed Water during the term of the Agreement. Further, the Developer agrees to indemnify and hold harmless Indian River County and its officers and employees, from all liabilities , damages , losses, and costs , including , but not limited to, reasonable attorneys' fees , to the extent caused by the negligence , reckless, or intentionally wrongful conduct of the Developer, its successors and assigns and other persons employed or utilized by the Developer, in connection with , or arising from , the misuse of Reclaimed Water delivered to Developer under the terms of this Agreement. 3. 3 The DEVELOPER 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. 3.4 The DEVELOPER shall be deemed in possession of the Reclaimed Water on the DEVELOPER's side of the Reclaimed Water Meter; however, the DEVELOPER shall not be deemed to own the Reclaimed Water and does not have the right to transfer or sell the 3