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Authorization and Use. Pursuant to this Temporary Hydrant Connection Meter Contract (this "Contract"), (“Customer”) is issued a temporary hydrant connection meter (the "Hydrant Meter") and is authorized to draw water only from designated hydrants on the Citizens Water distribution system (the "Designated Hydrants"). The Designated Hydrants are listed in Exhibit A. The Hydrant Meter is the property of, and is under the exclusive control and management of, Citizens Water. The Hydrant Meter shall only be used by Customer and for Customer's purposes only. Customer agrees to comply with Citizens Water’s Rules filed with and approved by the Indiana Utility Regulatory Commission.
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Term. The initial term of this Contract shall commence on the date of this Contract and continue for a period of one (1) year. This Contract shall automatically renew, subject to any intervening changes to the fees and/or charges for use of Citizens Water's Hydrant Meters, for an additional period of one (1) year each time the Hydrant Meter is returned to Citizens Water for inspection and exchange prior to the expiration date of this Contract and there are no outstanding balances owed by Customer to Citizens Water. If Customer does not intend to renew this Contract, the Hydrant Meter shall be returned prior to the expiration date of this Contract. The initial deposit shall not be returned to a Customer who returns the Hydrant Meter after this Contract has expired. Customer shall continue to be responsible for applicable charges and non-reporting fees until the Hydrant Meter is returned. After the Hydrant Meter is returned, any monies owed by Customer to Citizens Water shall be deducted from the deposit and Customer shall, as appropriate, receive a refund or final bill for the remaining monies owed to Citizens Water.
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Hydrant Meter Use and Training. The Hydrant Meter shall be used when drawing water from a Designated Hydrant. A Citizens Water-issued hydrant wrench (not a pipe wrench) shall be used to open and close the hydrant. Customer shall not sign this Contract until all of its hydrant meter operators complete Citizens Water's Temporary Hydrant Meter Training (the "Training"). The Hydrant Meter shall only be used by Customer's hydrant meter operators that have completed the Training.
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Fees and Charges. All applicable charges shall be in accordance with Citizens Water’s then-current rate schedule. At present, this includes (1) a deposit fee equal to $50.00; (2) an initial administrative charge of $50.00; and (3) a monthly water volume charge based upon then-current rates. The deposit and initial administrative charge shall be included in the first billing statement. Customer agrees to accept responsibility for billing of temporary service until the Hydrant Meter is returned to Citizens Water’s office, located at 2020 N Meridian Street, Indianapolis, Indiana. Interest shall be charged, in accordance with applicable Indiana Utility Regulatory Commission rules and regulations, on all balances until paid in full.
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Reporting. Customer agrees to use the Hydrant Meter Reading Log, attached as Exhibit B, to report readings on or before the fifth (5th) day of each following month. In accordance with the rate schedule, a $25.00 per month non-reporting fee shall be assessed after the second month that the readings are not timely reported to Citizens Water.
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Customer Responsibilities. Customer is responsible for the Hydrant Meter in the event it is damaged, lost, or stolen. Such a determination shall be made at the sole discretion of Citizens Water. If the Hydrant Meter is lost or stolen or the damage to the Hydrant Meter cannot be repaired, the initial deposit fee shall be applied toward the replacement of the Hydrant Meter and a new deposit fee for the replacement Hydrant Meter shall be included in Customer's next billing statement. The cost of repairing damage to the Hydrant Meter shall be deducted from the initial deposit fee until the initial deposit fee has been exhausted, at which point a new deposit fee of $50.00 shall be included in Customer's next billing statement. Customer shall provide proper protection for the Hydrant Meter and the Designated Hydrants at all times and under all ambient conditions, including freezing conditions. Customer is responsible for any damage to a Designated Hydrant, including the Hydrant Meter, caused by improper operation. The cost of repairing a Designated Hydrant ("Hydrant Repair Costs") as a result of improper operation shall be deducted, consistent with Citizens Water’s Standard Practice and Engineering Requirements for the Installation of Water Mains, Service Lines, Meters and Appurtenances, from Customer's deposit fee. Customer shall be liable for any Hydrant Repair Costs not covered by the initial deposit fee and agrees to pay outstanding Hydrant Repair Costs within thirty (30) days of the receipt of the bill from Citizens Water. If Citizens Water does not terminate this Contract pursuant to Section 8 herein and there are outstanding Hydrant Repair Costs, a new deposit fee of $50.00 shall be included in Customer's next billing statement. Citizens Water shall be notified immediately if the Hydrant Meter is lost, stolen, or requires repair, or if Customer has damaged (or observes damage on) any part of a Designated Hydrant, whether from proper or improper operation. Customer shall make the Hydrant Meter immediately available to Citizens Water upon demand for inspection and\or verification of reported readings. If Customer fails to produce the Hydrant Meter upon demand, Citizens Water in its sole and absolute discretion may immediately terminate this Contract.
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Temporary Service. Temporary service through Designated Hydrants is interruptible at the sole discretion of Citizens Water, and without prior notice. Citizens Water reserves the right to remove its Hydrant Meter and terminate service at any time it deems necessary or appropriate.
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Termination. Citizens Water reserves the right at its sole and absolute discretion to immediately terminate this Contract if (1) Customer is more than sixty (60) days delinquent in its payment of water bills pursuant to this Contract; (2) Customer fails to report readings for two (2) consecutive months; (3) Customer fails to make the Hydrant Meter immediately available to Citizens Water upon demand; or (4) Customer's hydrant meter operator(s) damage a Hydrant Meter from improper use, leave water continuously running from a Designated Hydrant, damage any part of a Designated Hydrant, or leave Designated Hydrants in unserviceable condition for calls (e.g., maintenance, service, and emergency) during Citizens Water’s non-working hours. Upon termination of this Contract, Customer must return the Hydrant Meter to Citizens Water’s office within fifteen (15) days and shall be liable for any damage to the Hydrant Meter and\or the Designated Hydrant.
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Remedies. All remedies for the recovery of delinquent water bills shall be available to Citizens Water to recover delinquent payments under this Contract to the extent such remedies are not explicitly prohibited by the laws of the State of Indiana. Regarding breaches of this Contract, Citizens Water and Customer shall be entitled to take such actions as are necessary to remedy the effect of each other's breach or threatened breach of this Contract, including, but not limited to, the right to seek equitable relief as well as compensatory damages available under applicable law. All rights and remedies of Citizens Water and Customer shall be cumulative and non-exclusive. This Contract shall be interpreted, construed, and governed by the laws of the State of Indiana. The Parties hereby submit to the jurisdiction and venue of the Marion County, Indiana, courts and the United States District Court for the Southern District of Indiana, as applicable, in any claim, controversy, or dispute arising out of or relating to this Contract or the breach or threatened breach thereof.
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Indemnification. Customer shall protect, indemnify and hold harmless Citizens Water (and its directors, officers, employees, contractors, and representatives) from and against all liabilities, obligations, claims, damages, penalties, causes of action, cost and expenses, including reasonable attorney and paraprofessional fees (as determined by the prevailing market rate in the community in which litigation arising from this Contract is conducted), imposed upon or incurred by or asserted against Customer by reason of (1) its improper operation of the Hydrant Meter or any hydrant; (2) its use of the Hydrant Meter on a hydrant that is not a Designated Hydrant; (3) its use of a hydrant that is not a Designated Hydrant; (4) its failure to comply with any rules or regulations regarding the operation of the Hydrant Meter or hydrants; (5) insufficiency of supply or pressure related to Customer's use of any hydrant; (6) use of the Hydrant Meter for purposes other than its own; (7) use of the Hydrant Meter by someone other than Customer's hydrant meter operators that have completed the Training; or (8) interruptions in or termination of Citizens Water's temporary service.
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Assignment. Customer may not assign its rights or obligations under this Contract to any assignee or successor without prior written consent from Citizens Water.
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Miscellaneous. If any provision of this Contract shall be held to be void, invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, the same shall not affect any other provision of this Contract, and the remaining provisions shall remain in full force and effect. No waiver of a provision shall be deemed to be or shall constitute a waiver of any other provision of this Contract. No failure on the part of either Citizens Water or Customer at any time to require the performance by the other of any term of this Contract shall be taken or held to be a waiver of such term or in any way affect the waiving party’s right to enforce such term. This Contract constitutes the entire agreement of Citizens Water and Customer with respect to the subject matter hereof and supersedes all prior agreements, oral and written, between Citizens Water and Customer. This Contract may be amended or modified only in writing and signed by Citizens water and Customer. Nothing in this Contract is intended, nor shall it be deemed, to confer rights or remedies upon any person or legal entity not a party to this Contract.