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r <br /> • • • <br /> 5. Disputes. In the event of a dispute between any Future User and the <br /> Town with respect to the payment of the Usage Fee, the Town may, at its option, take <br /> any appropriate action against such Future User to collect the Usage Fee; provided, <br /> however, Property Owner acknowledges that the Town is under no obligation to take <br /> any action whatsoever against such Future User to collect the Usage Fee. <br /> 6. Indemnification; Hold Harmless. Property Owner agrees to indemnify <br /> and hold the Town harmless from any claims, costs or expenses incurred by the Town • <br /> in connection with any claim by any person or entity with respect to this Agreement, the <br /> associated costs or the Usage Fees. Further, Property Owner and its agents shall hold <br /> harmless the Town for any failure by the. Town to collect the Usage Fee from any <br /> Future User. Nothing in this Agreement shall be construed as imposing any obligation <br /> upon the General Fund of Town. Payments shall be made to Property Owner only to <br /> the extent funds are actually received and collected by Town pursuant to this <br /> Agreement. <br /> 7. Term of Agreement. This Agreement, and the obligations of Town <br /> hereunder, whether or not any or all Usage Fees have been collected and remitted to <br /> Property Owner or its agents hereunder, shall terminate on the fifteenth (15th) <br /> anniversary of the date of this Agreement. <br /> 8. Administrative Fee. Prior to remitting any funds to Property Owner, Town <br /> shall be entitled to deduct an administrative fee in the amount of five percent (5%)from <br /> each Usage Fee to pay the costs incurred by Town in connection with the <br /> administration of this Agreement. <br /> 9. Fees and Costs. Prior to execution of this Agreement by the Town, the <br /> Property Owner shall pay all legal fees and costs incurred by the Town in connection <br /> with the preparation of this Agreement. <br /> 10. Successors; Assignment. This Agreement shall be binding upon the <br /> successors, heirs and assigns of the parties hereto, but Property Owner shall not <br /> assign any of its rights under this Agreement without the prior written consent of Town, <br /> which consent shall not be unreasonably withheld. <br /> 11. Exhibits. The Exhibits attached hereto are hereby incorporated into this <br /> Agreement by this reference. <br /> 3 N:\DATA\Clients\L\LAH\Projects\Shao\Sewer.agm.wpd <br />