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6 <br /> therein asserted by any third person, that it will guazantee the workmanship and <br /> materials in said Utility for a period of one year afte: date 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 warranc that it is the owner in tide absolute of the Utility <br /> shown in Exhibit A and that it has neither permitted or suffered any person or other <br /> entity to tap onto said Utility prior to the date of this Agreement. <br /> Owner further shall warrant that there aze no persons, firms, or <br /> corporations 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 harmless <br /> the City from loss on accoun[ thereof, and in the event the City shall be put to any <br /> txpense in defense of such claim or othenvise, [hen the City shall have a lien against <br /> any funds then or Uureafter deposited with it pursuant to this Agreement. <br /> 7. That if the owners of benefited property described in Pazagraph H above <br /> should later seek to connect their lands to or make use of the Utility the City shall not <br /> permit them to connect until the owners thereof have paid in cash to the City in <br /> addition to the regulaz connection chazges, a "latccomer fee," that is, a charge equal to <br /> the pro rata cost of the Utility as computed on a lineal foo[ basis and using actual costs <br /> of construction. The parties hereto agree that the area to be benefited by tt�e Utility <br /> amounts to 18 building sites of which g building site(s)as/are direcdy <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 sa:d Utility to be collected <br /> from the owners of the benefited propecty as described in Paragraph H above who �p <br /> onto or connect to said system shall be �706 a1 per building site. <br /> 26 � <br />