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2 . 0 Quality of Reclaimed Water: Volume Allocation Failure to Deliver Reclaimed Water 2 . 1 The COUNTY will provide Reclaimed Water meeting the standards set forth by the Florida Department of Environmental Protection as defined in the COUNTY's Wastewater Treatment Facility (WWTF) Operating Permit for Reclaimed Water. Sampling for conformance with Reclaimed Water quality shall be performed at the location and frequency defined in the FDEP WWTF Operating Permit . Only Reclaimed Water meeting FDEP water quality standards will be delivered to the DEVELOPER . 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 80 , 000 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 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 . 2 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