Water Use Disclaimer

WATER USE DISCLAIMER AND AGREEMENT

This Water Use Disclaimer and Agreement ("Agreement") is entered into by and between:

WHEREAS

WHEREAS, Provider supplies water or authorizes access to water sources, systems, or infrastructure (collectively "Water Services") as described herein; and

WHEREAS, Recipient intends to use the Water Services for purposes described in the Scope of Work below and acknowledges the inherent risks, limitations, variability in water quality, and potential regulatory requirements associated with such use; and

WHEREAS, the parties wish to establish terms governing use, payment, allocation of risk, confidentiality, and other obligations between them.

SCOPE OF WORK

Provider will provide the Water Services described below. Recipient's authorized use must conform to the description and limitations set forth here.

PAYMENT TERMS

Recipient shall pay Provider for the Water Services in accordance with the following terms.

All payments are due as stated above. Provider may suspend Water Services for nonpayment following ten (10) days' written notice. Recipient remains responsible for all accrued charges and costs of collection, including reasonable attorneys' fees.

TERM AND TERMINATION

This Agreement commences on and continues until unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for material breach if the breaching party fails to cure such breach within thirty (30) days after receipt of written notice specifying the breach. Provider may immediately suspend or terminate Water Services if continued provision would violate applicable law, pose a risk to health or safety, or materially damage Provider's facilities.

WATER USE DISCLAIMER; ACKNOWLEDGMENT OF RISK

Recipient acknowledges and agrees that water quality, quantity, pressure, and delivery may vary. Provider makes no representation or warranty, express or implied, regarding potability, fitness for a particular purpose, absence of contaminants, or uninterrupted availability of water. Recipient accepts all risks associated with Recipient's intended uses and is solely responsible for determining suitability of water for Recipient's purposes and for any required treatment, testing, permits, or approvals.

Recipient shall not use Water Services in any manner that violates environmental laws, public health regulations, third-party rights, or permit conditions. Recipient shall immediately notify Provider of any observed contamination, leak, or other condition that may present a hazard.

CONFIDENTIALITY

Each party shall keep confidential all proprietary, technical, commercial, and other non-public information disclosed by the other party and clearly designated as confidential, or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure ("Confidential Information"). Confidential Information does not include information that is publicly available through no fault of the receiving party, independently developed without use of Confidential Information, or rightfully obtained from a third party without confidentiality obligations.

A receiving party may disclose Confidential Information to its employees, contractors, or advisors on a need-to-know basis provided such persons are bound by confidentiality obligations at least as protective as those in this Agreement. A party may disclose Confidential Information if required by law, provided it gives prior notice to the disclosing party and limits disclosure to the extent legally required.

INDEMNIFICATION AND LIMITATION OF LIABILITY

Recipient shall indemnify, defend, and hold harmless Provider, its officers, directors, employees, and agents from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Recipient's use of Water Services, breach of this Agreement, or violation of law, except to the extent such losses result from Provider's gross negligence or willful misconduct.

EXCEPT FOR LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, AND THE AGGREGATE LIABILITY OF EITHER PARTY SHALL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY RECIPIENT TO PROVIDER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of , without regard to conflict of law principles.

ENTIRE AGREEMENT

This Agreement, including any exhibits and written amendments signed by both parties, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. No modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by an authorized representative of each party.

NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above or to such other address as a party may designate by written notice in accordance with this Section. Notices shall be effective upon personal delivery, three (3) days after deposit in a national postal service with prepaid certified mail, or one (1) day after deposit with a nationally recognized overnight courier.

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