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Repressurizing Station, and all retail customers connected to this line. The <br />location of the eight inch (8") line is depicted in the diagram attached hereto as <br />Exhibit "C". The customers to be transferred are identified in Exhibit "D." <br />D. The City agrees to connect the eight inch (8") line transferred by the District to <br />the City's existing water distribution system at the City's own cost and to <br />thereafter operate and maintain the transferred line. <br />E. The District agrees to pull any of its water meters serving customers connected <br />to the eight inch (8") line being transferred to City and these customers shall <br />become City water customers pursuant to Paragraph 3C & 3D of this <br />Agreement. <br />F. Following notification in writing from the City, the District agrees to <br />disconnect water service to any District water customer that becomes <br />delinquent on a City sanitary sewer bill or sanitation bill. No water service shall <br />be disconnected without first providing ten (10) days notice to the customer of <br />the service bill past due and the amount due and payable. To the extent <br />permitted by law, the City agrees to indemnify District from and against any <br />loss incurred by the District directly related to the wrongful termination of <br />water service that was caused solely by the negligence of the City of Paris. <br />Provided, however, nothing herein shall be interpreted to create any right of <br />recovery in any third party not a party to this Agreement or as a waiver of the <br />City's Sovereign and Governmental immunity as set forth in Texas law. <br />G. The transfer and acceptance is made "AS IS." No warranties or representations <br />are made regarding that line's fitness for any particular purpose. <br />4. Miscellaneous: <br />A. Severability: <br />The provisions of this Agreement are not severable. If any provision of this <br />Agreement is determined to be invalid, unlawful, or unenforceable, the Parties <br />agree to resume negotiations in an effort to revise this Agreement in light of <br />such determination to effectuate the intent of the Parties to the maximum <br />extent allowed by law. <br />B. Venue: <br />This Agreement, and the rights and obligations of the Parties under or pursuant <br />to this Agreement, shall be governed by the laws of the State of Texas. Venue <br />for legal actions arising hereunder shall lie exclusively in Lamar County, <br />Texas, for matters arising under state law and exclusively in the Eastern <br />District of Texas, Paris Division, for matters arising under federal law. <br />C. Non-Waiver: <br />Page 15 <br />