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a. The City will compromise and settle claims for damage arising <br /> from sewer backups from System Surcharge Events at properties <br /> that are served by Designated Connections with ABWDs, but only <br /> if the ABWD is maintained by the City and only to the extent that <br /> the ABWD fails because of improper City maintenance. This <br /> compromise and settlement will be in accordance with section G. <br /> b. The City will not pay sewage backup claims for damage arising <br /> from sewer backups from System Surcharge Events at properties <br /> that are served by Designated Connections with ABWDs not <br /> maintained by the City. <br /> 2. Backup Claims Related to Designated Connections without ABWDs. <br /> The City will not pay sewage backup claims from System Surcharge <br /> Events related to properties served by Designated Connections that do not <br /> have properly maintained and installed ABWDs at the time of the sewer <br /> backup, except for the following limited circumstances: <br /> a. Claims Prior to Deadline Date. The City will compromise and <br /> settle claims for damage arising from sewer backups that occur <br /> prior to a Designated Connection's deadline date. This <br /> compromise and settlement will be in accordance with section G. <br /> b. City Negligence. The City will compromise and settle claims <br /> arising from sewer backups to the extent caused by the City's <br /> negligence. <br /> 3. Backup Claims Related to Properties That Are Not Served by Designated <br /> Connections. The City will compromise and settle claims for damage <br /> arising from sewer backups from System Surcharge Events at properties <br /> that are not served by Designated Connections. This compromise and <br /> settlement will be in accordance with section G. <br /> 4. Backup Water Not From City System. <br /> a. The City will not pay backup claims for property damage caused <br /> by water not from the City's sewer system or from the City's <br /> stormwater system. <br /> b. If there exist downspouts or other direct stormwater connections <br /> into a combined sewer,the City will not pay damage claims to the <br /> extent such damage could have prevented by disconnection of <br /> those downspouts or other direct stormwater connections from the <br /> combined sewer. This applies regardless of what the downspout <br /> 6 <br />