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6 <br /> thercin asserted by any third person, that it will guazantee the workmanship and <br /> macerials in said Udlity for a period of one year after da[e of acceptance by the City, <br /> and that it warrants said Utility to be fit for the use for which it is intended. <br /> Owner shall warrant that it is the owner in title absolute of the Udlity <br /> shown in Ezhibit A and that it has neither permitted or suffered any person or other <br /> enti�� to tap onto said Udlity prior to the date of this Agreement. <br /> Owner further shall warrant that there aze no persons, firms, or <br /> corpo�ations who have filed or have the right to file a lien against said Utility pursuant <br /> to the provisions of Title 60 of the Revised Code of Washington other than those <br /> heretofore filed which have been satisfied. In the event any lien or other claims against <br /> said Utility is asserted after conveyance, then the Owner shall defend and save hazmless <br /> the City from loss on account thereof, and in the event the City shall be put to any <br /> expense in defense of such claim or otherwise, then the City shall have a lien a;ainst <br /> any funds then or thereafter deposited with it pursuant to this Agreement. <br /> 7. That if the owners of oenefited propercy described in Pazagraph H above <br /> should later seek to connect their lands to or make use of the Utility the City shail not <br /> permit them to connect until the owners thereof have paid in cash to the Ciry in <br /> addition [o the regulaz connection chuges, a "latecomer fee," tha[ is, a chazge equal to <br /> tha pro rata cost of the Utility 3s computed on a lineal foot basis and using actual costs <br /> of construcrion. The parties hereto agree that the area to be benefited by the Utility <br /> amounts to 18 building sites of which �_ building site(s)�lare directly <br /> attributable to the Owner, the remaining is attributable to the benefited property and <br /> that the fair pro rata shaze of the costs of construction of said ?Ttility to be collected <br /> from the owners of the benefited property as described in Paragraph H above who tap <br /> onto or connect ro said system shall be ��n�_�i per building site. <br /> 26 <br /> a <br />