The Authority shall indemnify the Village and hold it harmless from
all claims, demands, actions or causes of action arising from the locating,
laying, installing, constructing, maintaining, using, repairing, removing,
extending, operating or replacing the Authority's equipment by the Authority
pursuant to this local law or from any cause or thing whatsoever arising out
of or by reason of the occupancy or use of the public areas by the Authority
pursuant to this local law, including any expenses and attorneys' fees incurred
by the Village in defending itself against any such claims, demands, actions
or causes of action.
When any public areas on, in, under or through which the Authority has
Authority's equipment shall be graded, curbed, paved, resurfaced, widened
or otherwise changed so as to make the resetting or reconstruction of the
Authority's equipment necessary, the Authority shall make such necessary changes
as required in preparation for said construction and in a reasonable time
after receiving written notice from the Village. The Village agrees to include
in the cost of such improvements and to pay all necessary costs to raising
water and sewer mains, services, manhole covers and other changes required
and necessary to the operation and maintenance of the Authority's equipment
and to have the work done under the terms of the general contract for the
street improvements. If such improvements are constructed by any contractor
engaged by the Village for the purpose of making such street improvements,
then the required changes in the Authority's equipment shall be performed
under the supervision of a duly authorized representative of the Authority.
During the term of this local law, no fees, charges or assessments shall
be made by the Village to the Authority for the Authority's exercise of its
rights under this local law.
Nothing contained in this local law shall be construed as preventing,
diminishing or restricting the Authority from using for water transmission
and distribution purposes any easement on any plat or plats of any portion
of the Village heretofore or hereafter platted or recorded or any easement
which has been or may hereafter be created, granted or dedicated for water
transmission and distribution purposes.
Title to all of the Authority's equipment wherever situated on, in,
under or through all public areas shall be and remain in the Authority.