TERMS AND CONDITIONS
The Mission Springs Water District (MSWD) owns, operates, and maintains the portion of the water service line from the water main to the outlet of the downstream side of the meter (“Service Connection”).
Check valves or backflow prevention devices and separate domestic water and fire sprinkler system are part of the Customer’s private property service line.
The Customer is responsible for the private property service line and appurtenances subject to MSWD’s Water Regulations and Service Ordinance.
Customer acknowledges that MSWD will provide a single Service Connection to Customer’s property identified in this application (“Property”). In the event MSWD discontinues water service to the Property for any reason set forth in MSWD’s rules and regulations (“Regulations”), including,
but not limited to, failure to make payment when due, MSWD may, in accordance with the Regulations, discontinue water service to the Property. If MSWD discontinues water service to the Property, there is no water service for the residential sprinkler system.
Customer assumes all risk of loss and damage to the Property, including the residential unit located on the Property or injury to persons arising out of the termination of such water service and hereby waives all claims in respect thereof against MSWD,
including losses arising from or in connection with the loss of residential fire sprinkler protection. In addition to the foregoing, Customer assumes all risk of loss or damage to personal and real property due to backflow from the fire sprinkler system portion of the
Customer Service Line into the domestic portion of the Customer Service Line for any reason whatsoever, including without limitation, any water quality exceedance.
Customer shall assume the defense of, indemnify and hold harmless MSWD from and against all actions, causes of action, damages, demands, liabilities, costs (including, but not limited to reasonable attorney’s fees), claims, losses and expenses of
every type and description (collectively, “Costs”) to which it may be subjected or put, by reason of, or resulting from: (A) the design, construction, testing (including inspection to ensure that such system is operational), operation, maintenance,
repair and replacement of the residential fire sprinkler system located on the Property; (B) the performance of or failure to perform of the residential fire sprinkler system located on the Property during Customer’s ownership of the Property;
(C) backflow from the fire sprinkler system portion of the Customer Service Line into the domestic portion of the Customer Service Line for any reason whatsoever, including without limitation, any water quality exceedance during Customer’s ownership of the Property;
and (D) any death, injury, property damage, accident or casualty caused or claimed to be caused by the discontinuance of water service to the Property for any reason set forth in MSWD’s Regulations, including, but not limited to, failure to make payment when due,
including any Costs arising from or in connection with the loss of the use of the residential fire sprinkler system on the Property during Customer’s ownership of the Property. MSWD shall make all decision with respect to its representation in any legal proceeding
concerning this Section. Customer hereby waives all claims and demands against MSWD for any such Costs.
Customer shall assume the defense of, indemnify and hold harmless MSWD from and against all actions, causes of action, damages, demands, liabilities, costs (including, but not limited to reasonable attorney’s fees), claims, losses and expenses of every type and description
(collectively, “Costs”) to which it may be subjected or put, by reason of, or resulting from: (A) the design, construction, testing (including inspection to ensure that such system is operational), operation, maintenance, repair and replacement of the residential fire sprinkler
system located on the Property; (B) the performance of or failure to perform of the residential fire sprinkler system located on the Property during Customer’s ownership of the Property;
(C) backflow from the fire sprinkler system portion of the Customer Service Line into the domestic portion of the Customer Service Line for any reason whatsoever, including without limitation, any water quality exceedance during Customer’s ownership of the Property;
and (D) any death, injury, property damage, accident or casualty caused or claimed to be caused by the discontinuance of water service to the Property for any reason set forth in MSWD’s Regulations, including, but not limited to, failure to make payment when due,
including any Costs arising from or in connection with the loss of the use of the residential fire sprinkler system on the Property during Customer’s ownership of the Property. MSWD shall make all decision with respect to its representation in any legal proceeding
concerning this Section. Customer hereby waives all claims and demands against MSWD for any such Costs.