1.Application is hereby made for certain designated utility services (herelnafter "Services") with the City of College Park, Georgla therelnafter the "City), and In consideration of Services being supplied by the City. the oustomer listed on this Agreement (hereinafter the "Customer") agrees to adhere to the rules and regulations of the City now in force or which may hereafter be adopted. The terms of this Agreement may be unilaterally modified by the City by providing written notice of such modification with Customer's monthly invoice. Customer affirms that the Information provided by Customer on the front page of this Agreement is true and accurate. 2.Customer shall purchase Services from the City at the rales currently designated by the City or at any future modification of those rates. 3. Customer acknowledges that Customer is responsible for payment of the billing on the provision of Services until such time as Customer notifies the City to discontinue Services. Further, Customer hereby grants a right of access to the City to the property being served pursuant to this Agreement (hereinaller *Service Address") for the purposes of providing the Services contemplated by this Agreement and, If applicable, of repairing, installing, removing, checking turning on and off, and reading any applicable meter installed on the property. Customer also acknowledges that any meter box lid and all materials Inside are City property and shall remain so, and the City shall have the authority to control and regulate their use. Customer hereby acknowledges that Customer is prohibited from connecting to any other water/power source while connected to and receiving Services from the City, Including bet, in the case of water services, not limited lo, wells located on the property or any other water supply. Customer is required to notily the City of any such source present either now or in the future. Customer, if receiving water services, shall Install and maintain a pressure reducing valve on Customer's plumblng line. During each water meter Installation, the City Installs a backflow preventer. The potential exists for the Customer to have a problem with thermal expansion from hot water In the water heater, and it is Cuslomer's responsibility to have the water heater Inspected. 4.This Agreement may not be assigned by Customer without the written consent of the City. This Agreement and the rights of the parties hereunder shall be biading upon and Inure lo the benefit of the City and its respective successors and, if applicable, assigns: 5.No walver by the City of any default by Customer in the performance of any provision of this Agreement shall constitute a waiver of any future whether like or different In character. 6 This Agreement shall be governed in all respects as to validity, construction, capacity, performance, or otherwise, by the laws of the State of Georgia. Furthermore, Customer agrees to comply with all provisions of the Code of Ordinances, City of College Park, Georgia. Customer understands that any failure on the part of Customer to comply with any federal, state, or local law, stature, ordinance, resolution or regulation may result in termination of Services without prior notice. Customer may be a corporation, partnership, person, business or other legal entity. Customer acknowledges, swears or affirms, and represents that those individuals executing this Agreement have authority lo legally bind Customer and any and all other entities that may receive Services under this Agreement Furthermore, those signing this Agreement on behalf of any legal entity agree to be held individualy lable pursuant to this Agreement in the event that they lack authority to bind the named legal entity. 8. Occasionally, Customer, regarding any Water/Sewer services, may be required to comply with operational requests of duly authorized City representatives Operational request shall mean a direction from authorized City employees or staff requiring an act(s) or omission(s) on the part of Cuslomer relating to the curtailed use of City water and sewage services for any period of drought, low stream flows, interruptions in the raw water supply due to breaks or contamination, Inability of filter plants to meet demand, excessive losses or demands In the distribution system due to breaks, fires, or other causes contamination In the finished water, or any other request the purpose of which is the curtailed use of water or sewage services which might be required in the best Interest of the public health, safety, and welare. Any failure to comply with such requests shall be considered a material breach of this Agreement and shall be cause for: (a) termination of Services, (b) collection action and reporting to credit agencies, (c) civil legal action, attorney fees and court and other costs, and (d) criminal prosecution where such failure lo comply constitutes crime or an ordinance violation. 9. Fallure to pay any Invoice within the time designated on the Invoice shall be considered a material breach of the Agreement and cause for: (a) terminationof Services, (b) collection action and reporting to credit agencies, (c) civil legal action, attorney fees and court and other costs, and (d) criminal prosecution where such failure to follow requests constitutes a crime or an ordinance violation 10 Customer expressly consents to venue for any action that may arise as a result of this Agreement in Fulton County or Clayton County Georgla, depending upon the location where Services are to be provided pursuant to this Agreement. 11. To the Mullest extent permitted by law, Customer shall Indemnify and hold harmless the City and its employees, officers and agents from and against claims, damages, losses and expenses, including but not limited to attomey fees, arising out of or resulting from the performance of City's obligations pursuant to this Agreement, provided that such claim, fine, damage, loss or expense is attributable to bodly injury, sickness, disease or death, or to injury to or destruction of langible property including loss of use resulting thereof, regardless of whether or not such claim, fine, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negale, abridge, or reduce other rights or obligations of indemnity. which would otherwise exist as to a party or person described in this paragraph. 12. if any provision of this Agreement, or if the application of such provision to any particular person or circumstance shall to any extent be held by a court of law with jurisdiction over the parties to be illegal or invalid, then such provision shall be modified, if possible, to fulfil the intent of the parties as reflected in the original provision, or else stricken from this Agreement. The remainder of this Agreement and/or the application of such provision to persons or circumstances other than those as to which itis held illegal or invalid, shall not be affected thereby, and all other provisions of this Agreement shall remain valid and enforceable to the fulest extent permitted by law 13. In the event of a breach of this Agreement by Customer, Customer shall pay all reasonable attomey fees, collection fees and costs of the City Incident to any action brought to enforce this Agreement 14.In the event that any Services are requested hereunder on a per unit basis, Customer shall designate an agent who shall have full authority, until the City receives written notice otherwise, to request, on the form attached herelo as Exhbit "A," that services be Inifiated or tarminated regarding any unit(s) listed on Exhibit '8" to this Agreement. In the event of any changes in the identity of the agent, Customer shall immediately provide to the City written notice of the name of the new agent. 15. Customer shall ensure that any lenant or lessee of Cuslomer who receives Services pursuant to this Agreement abides by the terms of this Agreement, and Customer accepts M responsibility for any breach of any term of this Agreement by any such tenant or lessee of Customer. 18. Customer shaf request on a Per Unit Basis any service(s) that Customer intends to purchase for multiple units where service(s) will be initlated and terminated by Customer for individual units at different times. Unitials