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ARTICLE i l
<br />Ownersliip, Liability, Indemnification, and Insurance
<br />11.1 No Joint Oivnership. No provision of this Agreement shall be constnied to create any type of joint
<br />or equity ownership of any property, any partnership or joint venture, nor shall same create any
<br />other rights or liabilities, and Daisy Farms' payments (whether past, present, or futw•e) shall not be
<br />construed as granting Daisy Farms ownership of, prepaid capacity in, or equity in the Paris Raw
<br />Water System or Pa►•is Treated Water Systein.
<br />11.2 Reuse of Return Flows. Daisy Farms agrees that Paris may use Return Flows. Daisy Farms also
<br />agrees that Paris, not Daisy Farms, is authorized to apply to the TCEQ to indirectly reuse any Return
<br />Flows. Daisy Farms shall receive no compensation, credit, or offset for Ya.ris' subsequent use and
<br />reusc of Rcturn Flows.
<br />11.3 Responsibility for Damages for Water. Paris shall be the owner of and responsible for the Treated
<br />Water only to the Delivety Point(s). After the Treated Water has passed through the Delivery
<br />Point(s), it becomes the property and responsibility of Daisy Farms. Unless otherwise provided in
<br />this Agrccmcnt, responsibility for damages arising from the improper treatment, transportation, and
<br />delivery oi' all Treated Water provided under this Agreement shall remain with Paris to the Delivery
<br />Point(s). Upon passing throtYgh the Delivery Point(s), liability for all damages arising from
<br />improper transportation and delivery of the Treated Water after it leaves the Paris Treated Water
<br />System shall pass to Daisy Farms. Paris shall be responsible for providing to Daisy Farms at the
<br />Delivery Point(s) potable water meeting the minimum quality requirements for human consumption
<br />as pr•escribed fi•oin time to time by the TCEQ or appropriate governing ageney.
<br />11.4 Indemnity. By signing this Agreement, Daisy Farms agrees on behalf of itself and its successors
<br />and assigns that it will, to the fiillest extent permitted by law, defend, protect, indemnify and hold
<br />harmless Paris and Paris' officers, directors, employees, agents, elected officials, and consultants
<br />from and against all damages, liabilities or costs, including reasonable attorneys fees and defense
<br />costs, to tlle extent caused by Daisy Farms' negligent acts or omissions under this or incident to this
<br />Agreement. IIy signing this Agreement, Paris agrees on behalf of itself and its successors and
<br />assign that it will, to the fullest extent permitted by law, defend, protect, indemnify and hold
<br />harmless Daisy Farnis and Daisy Farms' officers, directors, employees, agents, and consultants fi•om
<br />and against all damages, liabilities or costs, including reasonable attorneys fees and defense costs, to
<br />the extent caused by Paris' negligent acts or omissions under, or incident to, tliis Agreement.
<br />11.5 Immunities under State Law. Nothing in this Agreement shall be construed as waiving sovereign
<br />iminunity or any other iininunity that Paris or Daisy Farins may be entitled to under state or federal
<br />law.
<br />11.6 Insurance. Daisy Parms shall provide, keep and maintain throughout the term of this Agreement,
<br />and any extensions thereof, a policy or policies of insurance, providing at least $500,000.00 per
<br />occurrence and $ 1,000,000.00 aggregate for bodily injury or death indemnifying Daisy Farms and
<br />Paris, anci Paris' elected officials, officeis and employees (as additional insured) for any and all
<br />dainages, personal injuries, or property damages sustained in Daisy Farms' performance of the
<br />services required under this Agreement. Daisy Farms shall pay all premiums when due and Daisy
<br />Farms shall provide Paris with a copy of the insurance poliey and/or a certifieate of insurance each
<br />year thi•oughout the term of tllis Agreemeilt. Said insurance policy shall require that Paris receive
<br />thirty (30) days prior notice of cancellation of any and all insurance policies. Daisy Farms shall also
<br />maintain worker's compensation insurancc in conformance with and as required by State law.
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