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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />maintenance as soon as possible. Roseville shall be responsible for notifying PaCal <br />Property users of service interruptions. <br />10. User Fees. PaCal Property users served by the Trunk Sewer must pay the fees and <br />charges established by Roseville. Sanitary sewer flows from the PaCal Property shall be <br />determined by water meter readings made by Roseville. Roseville shall pay the sanitary <br />sewer user fees charged by the Metropolitan Council to Lauderdale quarterly based on <br />Roseville's water meter readings. <br />11. SAC Fees. Roseville shall pay directly to Metropolitan Council a Service Availability <br />Charge (SAC) fee upon redevelopment of the PaCal Property for each residential <br />equivalency unit determined by the Metropolitan Council to be in excess of current <br />usage. Roseville shall also be responsible for its proportionate share of any fees, costs <br />or surcharges imposed on Lauderdale regarding the Trunk Sewer by the Metropolitan <br />Council or any other permitting or regulatory authority. <br />12. Amendment of Ordinances. In the event Lauderdale amends its ordinance regarding <br />user fees, Lauderdale shall give Roseville written notice 60 days prior to the effective <br />date of such rate change or when such notice is provided to other Lauderdale users, <br />whichever is earlier. Roseville shall have the same right as any Lauderdale user to <br />challenge bills received from Lauderdale. <br />13. Remedies. In the event either party breaches any of its obligations under this <br />Agreement, the non-breaching party shall have the right to bring an action at law for its <br />available remedies, including termination of this Agreement, but only after giving 30 <br />days' written notice of the breach to the breaching party and opportunity to cure the <br />breach. If the breaching party does not cure the breach within the 30 day notice period, <br />the non-breaching party may commence an action after giving 10 days' written notice to <br />the breaching party that it intends to bring such action. Nothing herein shall limit the <br />causes of action or equitable rights that the non-breaching party may assert pursuant to <br />this Agreement. <br />14. Termination by Roseville. Roseville reserves the right to terminate this Agreement <br />without cause for the purpose of providing its own sanitary sewer utilities to the PaCal <br />Property. <br />15. Term. This Agreement shall be perpetual unless terminated in accordance with its <br />terms. <br />16. Indemnitv. Roseville shall defend, indemnify and hold harmless Lauderdale, its <br />officers, employees and agents for any claims arising from Roseville's use or <br />maintenance of sanitary sewer lines and related facilities within the boundaries of <br />Roseville. Lauderdale shall defend, indemnify and hold harmless Roseville, its officers, <br />employees and agents for any claims arising from Lauderdale's use or maintenance of <br />the Trunk Sewer. <br />3 <br />