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H. The City has agreed to issue the Permit to Grantor, but one condition of such
<br /> issuance is that the Grantor executes this Agreement.
<br /> AGREEMENT
<br /> For good and valuable consideration, the receipt and sufficiency of which is
<br /> acknowledged, the parties agree as follows:
<br /> 1 Release. "I'he C'lrantor hereby releases and fully and forever discharges the City
<br /> from any and all claims, demands, debts, guarantees, liabilities, obligations, liens, general,
<br /> special or consequential damages, losses, or potential losses, through any and all actions or
<br /> causes of action of any nature whatsoever, whether known or unknown, foreseen ar unforeseen,
<br /> at law or in equity or by statute, that may subsequently accrue to Grantor and that arise from or
<br /> relate to stormwater flowing from the Service Area into the Grantor's System provided,
<br /> however, that this release shall not be effective to the extent that the claim, demand, debt,
<br /> guarantee, liability, obligation, lien, damage, loss or potential loss is attributable to: the City's
<br /> failure to maintain any stormwater improvements pursuant to Section 4 of this Agreement; costs
<br /> described in Section 7 of this Agreement; the City's failure to enforce City code, regulations, or
<br /> standards pertaining to stormwater management within the Service Area; or the negligence or
<br /> intentional misconduct of the City, its agents or employees. Subject to the limitations set forth in
<br /> the preceding sentence, this release includes without limitation release of any claim arising from
<br /> or relating to any stormwater damage to the Grantor Property, any stormwater damage to the
<br /> improvements on the Grantor Property or any stormwater damage to any other property on the
<br /> Grantor Property.
<br /> 2 "Negli�ence or Intentional Misconduct." The Grantar and the City agree the
<br /> following circumstances do not constitute "negligence or intentional misconduct" as that phrase
<br /> is used in Section 1 of this Agreement:
<br /> a. Any dumping or other release of hazardous materials within the Service
<br /> Area, when the dumping or release is not related to an authorization provided by the City or its
<br /> agents and employees and the dumping or release is by the public or other persons not the City or
<br /> the City's agents or employees, so long as the City, its agents, or its employees have neither
<br /> actual nor constructive prior knowledge of the dumping or release; and
<br /> b. Any erosion or property damage resulting from infiltration or surface
<br /> flows from the Grantor's System.
<br /> 3 Indemnit�>arding Desi�,n of Grantor's System. The Grantor ackuowledges
<br /> that the Grantor is solely responsible for the selection of the design of Grantor's System, i.e., the
<br /> stonnwater system that is located on or under the Grantor Property. To the maximum extent
<br /> permitted by law, the Grantor will indemnify and hold harmless the City and all of its officers,
<br /> employees, and agents from all claiins, demands, suits, actions, and losses (including without
<br /> limitation attorneys' fees and costs), attributable to the design of Gi�antor's System.
<br /> 4 Ownership and Maintenance Responsibilit� �
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