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In consideration of payment by the CUSTOMER
of certain fees detailed in the SCHEDULE OF RATES AND CHARGES, the UTILITY
agrees to furnish service to the service address listed herein, and the CUSTOMER
agrees to purchase services from the UTILITY, subject to the terms and
conditions herein set forth,
1... The obligations of this contract shall
be binding upon the executors, administrators and estate of the original
parties, provided that no application, service agreement or service contract may
be assigned or transferred without the written consent of the UTILITY.
2...It is agreed that if CUSTOMER sells,
subdivides or leases the property herein described, CUSTOMER will notify the
UTILITY in order that it may execute a new contract with the successor CUSTOMER.
3...It is understood and agreed that every
condition of this contract is of the essence of the contract, and if breached,
the UTILITY may cut off one or all of its services to the service address and
may not be reconnected except by order of the UTILITY, after the payment of all
rates and charges have been made by the CUSTOMER.
4...Services provided by the UTILITY shall
be supplied only to the applicant at the address named in this contract.
CUSTOMER shall not connect any other dwelling or property to his service.
5... The meter and related appurtenances
serving the CUSTOMER'S service address shall remain the property of the UTILITY:
6... The UTILITY or its agents reserve the
right to make inspections of the service installation within the CUSTOMER'S
premises upon reasonable notice and at reasonable times. The UTILITY assumes no
liability for the operation or maintenance of the CUSTOMER'S plumbing.
7... The CUSTOMER agrees to keep the
property at the service address accessible and free from impediments to UTILITY
access, maintenance and meter reading. Upon notification from the UTILITY; the
CUSTOMER agrees to remove any impediments to UTILITY access. If such impediments
are not removed within such reasonable time as requested by the UTILITY; service
will be disconnected. Service shall be reinstated after any impediments are
removed and all bills, reconnection fees and other such fees are paid by the
CUSTOMER.
8... The UTILITY shall have the right to
restrict, control or discontinue service at any time during emergencies or
repairs. The UTILITY shall not be liable for failure to furnish service for any
reason beyond its control or for any loss, injury or damage to persons, plumbing
or property resulting from such service curtailment or discontinuance.
9... The UTILITY makes no guarantees,
expressed or implied, as to service quality, quantity, pressure, consistency or
continuity.
10... The UTILITY shall, at its
discretion, specify how and what uses may be made of service provided to
CUSTOMER. If the CUSTOMER fails to comply with the uses so specified, service
shall be discontinued.
11...ALL pressure regulators, valves,
service lines and oilier devices located on the CUSTOMER'S side of the meter are
the responsibility of the CUSTOMER. No pump may be installed on potable water
lines without the written permission of the UTILITY.
12...CUSTOMER agrees not to allow any
cross-connection between UTILITY service and a private well or any other
connection, either inside or outside of any building, in such manner that a now
of water from such a connection may potentially be introduced into UTILITY
service lines.
13...All requests for disconnection of
service should be made earlier in writing or in person if possible. The UTILITY
will accept telephone requests for discontinuance if caller can give adequate
identification. The UTILITY will make every effort to respond within a
reasonable time.
14...If the applicant fails to connect to
the system when service is available and a tap is made, the CUSTOMER will pay
the minimum bill until such time as the CUSTOMER installs his service or until
such time as CUSTOMER notifies the UTILITY that he no longer wishes service.
15... The CUSTOMER shall be
responsible for installing and maintaining a pressure regulator device.
16...If the UTILITY discontinues service
for nonpayment or any other reason and the service is turned on without the
authority of the Utility, the Utility shall charge a reconnection fee and
penalty charge according to its Schedule of rates and Charges.
17 ...The CUSTOMER agrees that in the event
any utility property is damaged, destroyed or tampered with by the fault of the
CUSTOMER, it shall be repaired or replaced at the CUSTOMER'S expense.
18... The UTILITY shall have the right
to estimate or prorate any bill when conditions beyond the control of the
UTILITY prevent the normal billing procedure.
19...If the CUSTOMER after signing
this CONTRACT does not take the service for any reason, the CUSTOMER shall
reimburse the UTILITY for any expenses incurred.
20... The receipt by the UTILITY of
the application for service of the prospective CUSTOMER, regardless of whether
or not accompanied by payment of fees, shall not obligate the UTILITY to render
such service. If the service cannot be supplied in accordance with the UTILITY'S
policies, rules, regulations and general practice or those of any state or
federal agency with oversight regarding service, the liability of the UTILITY to
the applicant for such service shall be limited to the return of any fees paid
to the UTILITY by such applicant.
21...CUSTOMER agrees that this
document is only an APPLICATION for service and shall not be effective as a
CONTRACT until approved by an official of the UTILITY: If the service in the
opinion of the UTILITY cannot be supplied, the liability of the UTILITY to the
CUSTOMER shall be limited to the return of any fees, less any project
development costs as incurred by the UTILITY:
22...As a condition of service, the
property owner shall provide at no cost a suitable place for the installation of
the meter and related equipment and give an easement to the UTILITY for said
location.
23...CUSTOMER shall have and will be
responsible for a water cutoff valve on his service line.
24...lf the UTILITY damages any
underground facilities the CUSTOMER cannot locate, the CUSTOMER will be
responsible for all repairs.
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