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Q <br /> If County elects to design , permit and construct a joint stormwater retention pond <br /> prior to Seller electing to design , permit and construct a retention pond for Seller' s sole <br /> use , the following terms and conditions shall apply : <br /> 10 . 1 County , at its sole expense , shall design , permit and construct a joint <br /> retention pond on Parcel 500 subject to Seller' s review and reasonable approval <br /> of the joint stormwater retention pond design . The County and Seller shall grant <br /> each other any easements needed to obtain positive outfall and water treatment . <br /> 10 . 2 County shall reasonably maintain the joint stormwater retention pond . <br /> 10 . 3 The permit secured by the County shall provide for the fill dirt excavated <br /> from the joint stormwater retention pond to first be used to fill in the . 30 acre <br /> portion of the existing pond contiguous to the west line of Parcel 500 and for all <br /> other fill dirt dug from the joint stormwater retention pond to be placed on the <br /> Remainder Parcel by the County and retained by Seller . However , Seller shall <br /> be responsible for providing the County with a topographical survey of the Parent <br /> Parcel that identifies the Seller' s uplands appropriate for placement of the fill . <br /> Seller shall grant County a temporary construction easement as needed without <br /> compensation for placement of fill on the Remainder Parcel . <br /> 10 . 4 Seller agrees to grant County any easements to the joint stormwater <br /> retention pond needed for access or maintenance . <br /> 10 . 5 To the extent allowed by law , County agrees to indemnify and hold <br /> harmless and indemnify Seller from any liability which may arise from the <br /> County' s use of the joint stormwater retention pond . <br /> 11 . Design , Permitting and Construction of Stormwater Retention Pond by Seller for <br /> Seller' s Sole Use <br /> Seller retains the right , at its sole expense , to design , permit and construct a <br /> retention pond for its temporary sole use on a portion of Parcel 500 subject to County' s <br /> reasonable approval of the pond design . Seller shall maintain the retention pond for its <br /> temporary sole use until such time as the County designs , permits and constructs the <br /> joint stormwater retention pond pursuant to paragraph 10 above . <br /> 7 <br />