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R2013-20 AUTHORIZING THE AMENDED AND RESTATED RAW WATER SUPPLY AGREEMENT WITH ARCHER DANIELS MIDLAND COMPANY
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R2013-20 AUTHORIZING THE AMENDED AND RESTATED RAW WATER SUPPLY AGREEMENT WITH ARCHER DANIELS MIDLAND COMPANY
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8/18/2015 4:15:36 PM
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Resolution/Ordinance
Res Ord Num
R2013-20
Res Ord Title
AUTHORIZING THE AMENDED AND RESTATED RAW WATER SUPPLY AGREEMENT WITH ARCHER DANIELS MIDLAND COMPANY
Department
Water
Approved Date
3/4/2013
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Agreement, or which might interfere with the lease <br /> contemplated hereby; and it will promptly notify ADM in <br /> writing if any litigation, suit or regulatory agency proceeding <br /> shall be instituted or threatened. <br /> (d) For the duration of this Agreement, the City shall maintain for <br /> ADM's benefit that certain temporary dam permit with the <br /> Army Corps of Engineers attached to this Agreement as <br /> Schedule B (the "Permit"). The City shall notify ADM in <br /> writing 120 days prior to any expiration, cancellation or <br /> termination of the Permit. ADM will assist the City in its <br /> preparation of the permit application and renewal <br /> documents. <br /> 13. Survival of Warranties and Representations. Any warranty, covenant, <br /> representation or agreement expressly stated upon the face of this Agreement shall <br /> survive the term hereunder notwithstanding any investigation made by or on behalf of <br /> the City or ADM. <br /> 14. Hold Harmless. ADM shall save and hold harmless the City and its <br /> Mayor, Councilmen, officers, employees, attorneys, representatives and agents from <br /> any and all claims, suits, and judgments, including litigation expenses and attorneys' <br /> fees, relating in any way to the authority, propriety or appropriateness of ADM executing <br /> or performing this Agreement; the installation or failure of installation of any cross- <br /> connection or back flow prevention device; or as the result of the breach of any <br /> 12 <br />
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