1. Dublin’s Representations, Warranties and Obligations
Dublin agrees that all work performed in furtherance of the Pilot Project shall be performed at Dublin’s sole cost and expense. All Dublin contractors will take precautionary measures to minimize any damage. Upon completion of the Pilot Project, Dublin shall restore the Property as nearly as reasonably practicable to the condition that existed prior to the entry thereon.
Dublin hereby represents that it has comprehensive public liability insurance, property damage insurance and workers compensation insurance in full force and effect with a reputable insurance carrier, registered to do business in the State of Ohio.
Dublin shall provide Grantor with reasonable advance notice prior to entering the Property, except in cases of emergency. Dublin’s access to the Property shall be limited to reasonable daylight hours unless otherwise agreed by Grantor.
2. Grantor’s Representations, Warranties and Obligations
Grantor hereby warrants that it is the true and lawful owner of the Property and is lawfully seized of the same in fee simple. Grantor’s representative represents and warrants that he/she has the full and complete legal authority to grant the right for Dublin to enter the Property.
Grantor agrees it shall not charge Dublin interest, rent, or seek any other form of compensation from Dublin based upon this Agreement.
3. Release and Waiver of Claims
Grantor hereby releases and waives any and all claims against Dublin arising out of pre-existing conditions on the Property discovered during the Pilot Project, including but not limited to pre-existing defects in sewer laterals, plumbing, or related infrastructure. Grantor acknowledges that Dublin shall have no obligation to repair or remediate any conditions not caused by Dublin or its Contractors.
Grantor further agrees to hold harmless Dublin and its officials, employees, agents, and contractors from and against any and all claims, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to the work performed under this Agreement on the Property, except to the extent caused by the negligence of Dublin. For any damages caused by Dublin or its contractors, Dublin’s liability shall be capped at, and shall not exceed, the amount of insurance coverage available to Dublin under applicable insurance policies. Nothing in this Agreement shall be construed as a waiver of any immunities, defenses, or limitations of liability available to Dublin under Ohio Revised Code Chapter 2744.
4. Ownership and Maintenance of Private Lateral
The private sanitary sewer service lateral serving the Property is and shall remain the property of Grantor. Grantor shall remain solely responsible for the ownership, operation, maintenance, repair, and replacement of the private sanitary sewer service lateral. Dublin’s performance of the Pilot Project work does not make Dublin the owner of, or responsible for maintaining, the private sanitary sewer service lateral, and nothing in this Agreement alters, transfers, or causes Dublin to assume any ownership or maintenance responsibilities with respect to the private sanitary sewer service lateral.
5. Limitation of Liability
Notwithstanding anything to the contrary contained herein, Dublin shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of use of property, loss of income, or diminution in property value.
6. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements relating thereto. This Agreement may not be amended except by a written instrument signed by both parties.