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DISCUSSION DRAFT -FOR THE PURPOSES OF INITIAL DISCUSSION;NOT <br /> PROPOSED FOR ACCEPTANCE <br /> payment is not possible, the parties will develop a system of credits or installment payments <br /> to correct the error. <br /> F. MWMC will inform Coburg of any planned changes to its SDC rates. Coburg; and the <br /> property owners of Coburg, shall have the same rights of comment as other property owners <br /> within the MWMC service area. MWMC will notify Coburg of any changes in the MWMC <br /> SDC charges within 30 days of the completion of the process. Coburg shall reflect these <br /> changes in Coburg's SDC as soon as allowed by law. <br /> G. Coburg will take all appropriate steps to ensure the integrity of the Coburg wastewater <br /> system to protect against inflow and infiltration (I & I) and related peak wet weather flow <br /> problems; including adoption of the MWMC wet weather flow management program. <br /> Coburg shall establish and enforce high standards for constructing and,development of <br /> wastewater connections or additional wastewater collection facilities. Such standards shall <br /> be equivalent to or more stringent than standards adopted by MWMC members. Coburg <br /> agrees to adopt and implement any I&I policies and programs adopted by an MWMC <br /> member where such a program would reduce or eliminate I & I problems in the Coburg <br /> system. <br /> Additional provisions <br /> 1 Coburg will indemnify and hold harmless MWMC for all liability or claims of liability for <br /> any incident, claim or alleged claim related to the operation of the Coburg wastewater <br /> system, specifically including all portions of the system within the Eugene-Springfield Urban <br /> Growth Boundary upstream of the connection point. Coburg will indemnify and hold <br /> harmless the City of Eugene, the City of Springfield and Lane County for all liability or <br /> claims of liability for any incident, claim or alleged claim related to the operation of the <br /> Coburg wastewater system, specifically including all portions of the system within the <br /> Eugene-Springfield Urban Growth Boundary, upflow of the connection point. <br /> 2 Coburg will indemnify and hold harmless MWMC for any loss or damage to the MWMC ~ ' <br /> system resulting from negligent or more culpable acts on the part of Coburg or Coburg 1, <br /> personnel. The obligation of indemnification does not include claims arising after normal <br /> mixing of Coburg's wastewater with MWMC system, unless those relate to failures to <br /> comply with specified standards jointly agreed to by MWMC and Coburg at the time of the <br /> original connection. MWMC will hold the City of Coburg harmless for any loss or damage <br /> to the system, and to legal challenges for any aspect of the operation of the MWMC system <br /> for all aspects of the operation of the system down stream of the point of Coburg's <br /> connection to the MWMC system. <br /> 3 MWMC shall have, and all Coburg ordinances and regulations concerning the operation of <br /> the Coburg wastewater system will include, directly or indirectly, provisions providing that <br /> MWMC shall have all possible rights to take protective or remedial action against any user of <br /> ,I <br /> the Coburg wastewater system that has taken or appears likely to take any action that will <br /> adversely affect the operation of the MWMC system. Coburg shall provide MWMC all i <br /> appropriate assistance in any such action. <br /> <br /> DRAFT - IGA for Coburg - MWMC DRAFT Page 7 <br /> ~_Q,' <br /> <br />