By checking this box and submitting this form, the property owner/manager agrees to the following:
- Agree to inspection by Aquarion staff to verify conditions stated in application.
- If the variance is granted, post Variance Permit sign in view of the public.
- Observe all other water conservation requirements.
- Irrigate before 10:00 am or after 6:00 pm.
- Variance will automatically expire if Aquarion issues a mandatory watering ban.
Applicant affirms that all statements and documentation made in this Application are true and correct. Applicant also agrees as part of this application to comply with all applicable requirements by Aquarion and their city/town code, as amended, including but not limited to Aquarion's conservation measures relating to lawn and landscape irrigation.
Applicant understands and agrees that any variance granted may be revoked by Aquarion at any time if: (a) Customer violates any terms and conditions of water usage as set forth above; (b) Customer violates any of the provisions of their city or town code, including but not limited to; (c) the facts or circumstances that justified the variance no longer exist; (d) an immediate significant reduction in water supply or waste of water occurs as a result of usage under the variance; or (e) the health, safety, or welfare of the general public or specific persons requires revocation of the variance.
Applicant has read, fully understands, and consents to the terms and conditions set forth for the variance policy and procedures, and also understands that violation of the terms and conditions may result in revocation of the variance permit.
As a further express condition precedent to the granting of a variance as requested by this Application, Applicant EXPRESSLY AGREES TO FULLY AND COMPLETELY defend, indemnify and hold Aquarion, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by Applicant’s violation of any terms or provisions of a variance permit, if granted, or by any use of water under such a variance permit, REGARDLESS OF WHETHER OR NOT THE NEGLIENCE, GROSS NEGLIENCE OR COMPARATIVE FAULT OF AQUARION'S OFFICERS, AGENTS OR EMPLOYEES, CONTRIBUTES IN ANY WAY TO THE DAMAGE, INJURY OR OTHER HARM MENTIONED ABOVE. THE REQUIRMENT OF APPLICANT TO DEFEND AS DESCRIBED ABOVE ALSO UNCONDITIONALLY APPLIES REGARDLESS OF WHETHER OR NOT THE NEGLIENCE, GROSS NEGLIENCE OR COMPARATIVE FAULT OF AQUARION'S OFFICERS, AGENTS OR EMPLOYEES, CONTRIBUTES IN ANY WAY TO THE DAMAGE, INJURY OR OTHER HARM MENTIONED ABOVE. Nothing in this paragraph shall be construed as waiving any immunity available to Aquarion under the law. The provisions of this paragraph are solely for the benefit of Applicant and Aquarion and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
