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is disputed, CITY shall pay the undisputed part within 30 days and the CITY and ISD <br /> 728 shall meet to resolve the disputed amounts. <br /> SERVICE AND MAINTENANCE RESPONSIBILITIES <br /> WELL <br /> ISD 728 shall be responsible for service and maintenance of the WELL, but the cost of <br /> well maintenance and electricity shall be split between the CITY and ISD 728 as outlined <br /> below. <br /> 1. Meter reads shall be performed each spring prior to the watering season—prior to <br /> April 1 of each year. <br /> 2. A meter read shall be performed at the point of the well cavitation/conversion to <br /> municipal water line and/or at the end of the watering season where total well <br /> water usage for the season will be determined for each entity. <br /> 3. A percentage of use shall be assigned to CITY and ISD 728 according to well <br /> water used by each entity divided by the total overall well water used for the <br /> season. <br /> 4. Annual well maintenance cost and electricity will be allocated according to the <br /> percentages calculated in#3. <br /> 5. ISD 728 will invoice the CITY for the annual well maintenance and electricity on <br /> December 1 of each year. <br /> 6. Upon failure of the Hales Field/Oak Knoll Well, both parties will meet and discuss <br /> the future of said well. <br /> WATER LINES <br /> City shall be responsible for service and maintenance of the municipal water lines. The <br /> yearly cost of municipal water line maintenance, if needed, will be split equally between <br /> City and ISD 728 for the 6 inch water line that provides water to both the City and ISD <br /> 728. The maintenance costs for water lines that serve just one of the parties shall be the <br /> responsibility of that party. Each party grants the other party a license to enter the party's <br /> property for the purpose of servicing and maintaining the water lines. <br /> COMMUNICATION <br /> The CITY and ISD 728 shall meet as necessary to review billing and service issues. <br /> LIABILITY <br /> Each party shall be responsible for ally loss, damage or injury to any person or property <br /> arising out its obligations under this Agreement. Each party agrees to defend and <br /> indemnify the other party and its officers, employees and agents for any claims arising <br /> from its performance or failure to perform its obligations under this Agreement. Each <br /> party shall only be responsible for out of pocket costs to the other party. Each party <br /> waives any claim for lost services, lost profits, indirect, consequential or special damages. <br /> Nothing in this Agreement shall constitute a waiver or limitation of any immunity or <br />