Customer hereby request that water service be provided by McIntosh Water & FPA to the service address shown above and customer will pay as and when due for said service at McIntosh Water & FPA’s rate from time to time applicable to such premises, with payment of minimum bill to begin once water service is made available. If service to such address is disconnected for any reason, it is agreed that McIntosh Water & FPA need not reactive same until there is payment of a reconnect fee and the entire bill amount then applicable. Customers further agree to abide by all the rules and regulation of McIntosh Water & FPA, including payment of applicable late penalties as and when due. In consideration of the service to be performed by McIntosh Water & FPA hereunder, Customers have covenanted and agree with McIntosh Water & FPA as follows:
1. Customer have granted and do hereby grant to McIntosh Water & FPA a permanent easement over, upon and across all property now and hereafter owned or controlled by customer and each of the, For the purpose of installing, maintaining, and operating such facilities as McIntosh Water & FPA shall deem necessary for service to the premises the subject of this application and for service to the premises of other. Such easement(s) shall be of such with (to be designated by McIntosh Water & FPA) as shall be necessary for the exercise of McIntosh Water & FPA of its rights and privileges hereunder. The term “facilities” shall include but shall not be limited to service lines, transmission lines and metering equipment, whether heretofore or hereafter located on the property belonging to the customer. The “operation” of said facilities shall include but not be limited to the maintenance, testing, inspection, meter reading, repair replacement, extension, modification, and removal of such facilities. If there are any such facilities now existing in on or under any property now owned by the customer or either of them, customers hereby ratify and confirm the right of McIntosh Water & FPA to have heretofore installed and operated same, and hereby expressly release and discharge McIntosh Water & FPA from any and all liability in connection therewith, including liability for having heretofore installed and operated same and hereby expressly release and discharge McIntosh Water & FPA from any and all liability in connection herewith, including liability for having installed and operated same.
2. McIntosh Water & FPA will not be held liable in damages or otherwise, for any loss, damages, death or injury resulting form any defect in or unsafe condition of customers’ property. Any accident occurring for any reason, except as a direct result of McIntosh Water & FPA’s misconduct, on the property of customer. Any violation of any town ordinance or of McIntosh Water & FPA and/or any county rules of regulations, now of hereafter in effect as to the subject premises or any curtailment of interruption of water supply to the subject property, for whatever reason; and customer hereby agree that they will forever indemnify, protect, defend and hold McIntosh Water & FPA harmless from and against all claims of others, and all costs and expenses in connection therewith, including attorney’s fees, and court costs arising our of or in anywise in connection with any of the foregoing.
3. All reference herein to McIntosh Water & FPA shall include its successors and assigns.
4. Customers shall only have one meter per residence. Any customer that has two residences connected will receive a letter, failure to comply with the letter will result in disconnection or the meter will be pulled from the residence until both residences each have a meter.
5. Customer agrees, In order for us to service your account or to collect monies you may owe, McIntosh Water & FPA and/or agents may contact you by telephone at any telephone number associated with your account, including wireless telephone number at any telephone number associated with your account, including wireless telephone numbers, which could result in charges to you. We may also contact you by sending text messages or emails, using any email address you provide to use. Methods of contact may include using pre-recorded/artificial voice messages and/or use of automatic dialing device as applicable.
6. Agreement to pay: I the undersigned, accept the fee charged as a legal and lawful debt and agree to pay said fee, including any/all collection agency fees, attorney fees and/or court costs, if such be necessary. I waive now and forever my right of exemption under the laws of the constitution of the State of Alabama and any other State.