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<br />4.3 Discharl!e Permit and Consent Order. Uniess no: required by the Colerado <br />De~ar:mer.t ofPubIlc Heaiti and Environoent, St. Vrain shall request the Health Departmen~ to <br />aoene the Consent Order ar.d Tri-Aree's discharge permit to make St. Vrain a Party to both <br />dOC~~lents wid: Tr;-p.rea ar.d S:. Vrain beingjointly ana severally liab~e thereunder. <br /> <br />4.4 Indemnification. St. Vrain shall bdemnify, defend a~c ho!d harmless Tri-Area, <br />its officers, agents, directors, and re~resentatives ("Indemnite.~s") fron: ar:y and all claims, causes <br />of action or liability that are assel1ed or imposed against Tri-Area or any of ~he aforementioned <br />Indemnitees as a resuit of or that in any way arise out of St. Vrain's operatio;! services provided <br />to Tri-Area or any ofits tota~ wastewt:.ter services provided to Tri-Area under this Agreement, <br />including b'Jt no: limited to any violations of the Consent Order or any violations of Tri-Area's <br />Disct.arge Pennit. <br /> <br />4.5 Records. While providing operation services to Tri-Area under this Sec~~on 4, <br />St. VraiI~ shall mu:ntain a complete se~ ofrecoras for the Tn-Area Sanitation District and shall <br />deposit all monies received from Tn-Area's customers into separate accounts ar..d not commingle <br />a..'1y of the monies received from Tri-Area's customers with those of S1. Vrain's, except to the <br />extent necessary to pay St. Vrain's compensation as provided in Section 4.6 below. <br /> <br />4.6 ComDensation. For t!1e performar.ce ofthe Operation Services under Section 4 <br />ofthis Agreement, S1. Vrain shall be compensated at the rate of $ per month, per <br />single-family equivalent tap, or such other amount as the Parties may from time-to-time agree. <br />Tn-Area 8..'ld S1. Vrain sha:1 agree that i:l the event t.'1e aforementioned monthly payment is not <br />adequately covering St. Vrain's costs or providing Operation Services, the am01.:nt of <br />compensation provided for herein shall be adj'Jsted equitably so as to adequateiy cover St. <br />Vrain's full cost of providing Operation Services hereunder. <br /> <br />SECTION 5 <br />DACONO SAr~I'r ATION CONSE~T <br /> <br />5.1 Consent Rnd Release. Before the contract for the construction of the Interceptor <br />Line is awarded, S1. Vrain shall obtain Dacono Sanitation District's written consent to the <br />construction ofthe Interceptor Line and the connection thereto of Tn-Are a's wastewater <br />collection system. Dacono shall also consent to St. Vrain treating all of Dacono Sanitation <br />District's wastewater. Such consent shall be obtained by S1. Vrain and Dacono Sanitation <br />Disttict entering into a separate written agreement whereby Dacono Sanitation agrees to look to <br />S1. Vrnin for the performance of all ofTri-Area's wastewater service obligations under the <br />Dacono Agreement, which Dacono Sanitation District shan agree to cancel and terminate upon <br />request ofTri-Area at such time as the Interceptor Line is activated and fully operational anc <br />capable of t.-eating all wastewater that Tn-Al'ea was previously obligated to treat at its <br />wastewater treatment plant. <br /> <br />6 <br />