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Agreement is completed.Thereafter, remaining Fundsto <br />Owner. <br />7.Right of Entryand Construction. Intheevent the City is required to <br />connect the real estate to the Citywater system, the Owner grants the City <br />and its employees, agents,and contractorstheright of entry to the real <br />estate and any structures on the real estate to effectuate such connection; <br />and, similarly grants permission to change and alter the land or structures <br />to effectuate this connection temporarily or permanently.The Owner <br />agrees to compensateand reimburse the City for all of itsconnection <br />costs, including, but notlimitedtocollateral costs such as permits, <br />planning,engineering,administrative,and legal fees. The City shall first <br />apply the Fundstoward this purpose, however,in the event of a shortfall <br />ofFunds,the Owner grants the City permission to assessthereal estateto <br />effectuate the purposesof this Agreement. <br />8.The Cityshall be liable only to holdtheFundsand to deliver it to the <br />parties named in this Agreement in accordance with the provisions of this <br />Agreement.It is understood that by acceptance of this Agreement, the <br />Cityis only acting in the capacity of a depository, and itshall not be liable <br />or responsible to anyone for any damages, loss or expense unless caused <br />by the negligence or willful malfeasance ofthe City. <br />9.In the event of any disagreement amongany of the parties to this <br />Agreement, or among any of them and any other person, resulting in <br />adverse claims and demands being made in connection with or for any <br />property involved in or affected by this Agreement, theCityshall be <br />entitled to refuse to comply with any such claims or demands as long as <br />the disagreement continues, and in refusing, shall make no delivery or <br />other disposition of any property then held by it under this Agreement, and <br />in so doing, theCityshall not become liable for such refusal. The City <br />shall be entitled to continue to refrain from acting until (a) the right of <br />adverse claimants is finally settled by binding arbitration or finally <br />adjudicated in a court assuming jurisdictionof the property involved in <br />this Agreement or affected by thisAgreement or (b) all differences are <br />adjusted by agreement and theCityis notified in writing of such an <br />agreement signed by the other parties to this Agreement. Furthermore, the <br />Cityshallhave the right, at any time after a dispute betweenOwner and its <br />mortgagor, or between either of them and any other person has arisen, to <br />pay the Fundsinto any court of competent jurisdiction for payment to the <br />appropriate party, at which point theCityobligation under this <br />Agreement shall terminate. <br />10.Owneragreesto indemnify theCityagainst all losses, claims, damages, <br />liability, and expenses, including, without limitation, costs or investigation <br />and legal counsel fees which may be imposed on theCityor incurred by <br />3 <br />Centerville -7085 Centerville Road -ESCROW AGREEMENT -Version 03052021-1 <br />19 <br /> <br />