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certificate granted to Utility to serve Property, then Utility
agr~es that it will diligently and earr~estly at Developer's
expense make the necessary and proper applications to ail
governmental authorities in order to include the Property in
its franchise or certificated service area and will pursue the
same to the end that it will use its best efforts to obtain such
approvals.
10. Developer agrees with~Utility that all sewer facilities
used, useful or held for use in connection with providing sewage
service to the Property, shall at all times reamin in the sole,
complete and exclusive ownership of Utility, its successors and
assigns, and any person or entity owning any part of the Property
or any residence, building, or unit constructed or located thereon,
shall not have any right, title, claim or interest in and to such
faciliti~s, or any part of them, for any purpose, including the
furnishing of sewage services to other persons or entities located
within or beyond the limits of the Property; excepting therefrom
t~.e interr.a~ collection s~~sten~ rsfPrred t~ ~nc~ nrovided for under
paragraph 3 of this Agreer.:ent.
11. Developer, as a further and essential consideration of
this Agreement, agrees that Developer, or the successors and assigns
of Develaper, shall not (the word "shall not" being used ~n a man-
datory definition) engage in the business of providing sewer ser-
vice to the Property, it being the intention of the parties hereto
that under the foregoing provision and also other provisions of
this Agreement, Ut?lity shall have the sole and exclusive right
and privilege to provide sewage services to the Property and to
the occupants of each residence building or unit constructed
thereon.
12. Utility agrees that the initial rates to be char9ed to
individual consumers, of sewage service shall be the existing rates
for this service. Hawever, notwithstanding any provision in this
Agreement, Utility may establish, amend, or revise from time to
time in the future and enforce different rates or rate schedules
reflPcting rates lower or higher. However, any such lower or
h~gher rate schedules so established and enforced shall at all
times be reasonable and subject to such regulations as may be
provided by law or contract.
Notwithstanding any provision in this Agreement, Utiiity
may establish, amend or revise from time to time in the future and
enforce rules and regulations covering sewage service to the Pro-
perty. However, all such rules and regulations so established by
Utility shall at all times be reasonable and subject to such reg~:-
lations as may be provided by law or contract.
Any such initial or future lower or increase3 rates, rate
schedules, and rules and regulations established, amended, or re-
vised and enforced by Utility from time to time in the future,
shall be binding upon Developer; and upon any person or other en-
tity holding by, through or under Developer; and upcn any user or
consumer of the sewage service provided to the Property by Utility.
13. Developer, or any owner of any parcel of the Property,
or any occupancy of any residence, building, or unit located there-
or., s}iall not have the right to and sha12 not connect any cc,-~sumer
insta~lation to the sewer facilities of Utility until formal written
application has been made to Utility by the prospective user of
sewer service in accordance with the then effective rules and regu-
lations of Utility and approval for such connection has been granted.
Although the responsibility for connecting the consumer
installation to the lines of Utility at the point of delivery is
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