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point on ~he consumer's property line. In the
case of multiple family dwellings, the point
of delivery shall be at~that point indicated
on the plot plan of the building showing
Utility's water lines; the point of delivery
may change after the execution of this Agree-
ment if agreed to in writing and signed by
both~parties hereof;
(g) "Consumer Installation" - all facilities .
on the consumer side of the point of delivery; •
(h) "Contribution in aid-of-construction" -
the sum of money which Developer covenants and
agrees to pay to Uti~ity as a contribution in
aid-of-construction to induce Utility to pro-
vide the water service to the Property.
3. Developer hereby grants and gives to Utility, its
successors and assigns, the exclusive right or privilege to
construct, own, maintain, and operate the water facility to
serve the Property; and the exclusive right or privilege to
construct, own, maintain, and operate said facilities in, under
upon, over and across the present and future streets, roads,
terraces, alleys, easements, reserved utility strips and utility
sites, and any public place as provided and dedicated to public
use in the record glats, or as provided for in agreements,
dedications, or grants made otherwise and independent of said
record plats.
Developer hereby further agrees that the foregoing
grants include the necessary right of ingress and egress to any
part of the Property; that the foregoing grants shall be for such
period of time as Utility or its successors or assigns require
such rights, privileges or easements in the construation owner-
ship, maintenance, operation or expansion of the water facility;
that in the event Utility is required to install any of its water
facilities in lands within the Property lying outside the streets
and easement areas described above, then Developer or the owner
shall grant to Utility without cost or expense to Utility the
necessary easement or easements for such "private-property" in-
stallation; provided, all such "private property" installation
by Utility shall be made in such manner as not to interfere with
the then primary use of such private property. Utility covenan±s
that it will use due diligence in ascertaining all easement
locations, however, should Utility install anyo uf its facilities
outside a dedicated easement area, Developer, the successors and
assigns of Developer, covenant and agree that Utility will not be
required to move or relocate any facilities lying outside a dedi-
cated easement area so long as the facilities do not interfere
with the then or proposed use of the area in which the facilities
have been installed if the facilities do interfere with the pro-
posed actual use, then the Utility shall move the facility.
Utility hereby agrees that all easement grants will be
utilized in accordance with the established and generally accepted
practices of the water industry with respect to the installation
of all its water facilities in any of the easement areas; and that
Developer or Developer's successors or assigns in granting ease-
ments herein, or pursuant to the terms of this instrument, shal2
have the right to grant exclusive or non-exclusive rights, privi-
leges and easements to other persons, firms or corporations to
provide to the Property utility services other than wa~er service;
provided, however, Developer shall exercise its best efforts not
to allow any paving, pavement, rock subgrade, drainage facilities,
buried power cab2es, telephone cables, television cables or gas
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