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aforesaid legal description and "as -built survey" showing the location of the pipes and conduits to be installed for the purposes hereof. In making its connections to the k'ater Plant, Purchaser shall make such connections from those locations at the Property which are closest to the Water Plant and shall run its lines straight and in the least obtrusive manner in order not to interfere with, inhibit or restrict Adjacent Owner's use and enjoyment of the Water Plant or any other portion of the Adjacent Property. In the event of any.dispute, Adjacent Owner shall be the sole determiner and arbitrator of where Purcbaser's pipes and condu- its will be installed. 10.` Purchaser agrees to indemnify, defend and hold barmless Adjacent Owner from and against any and all claims or causes of action arising out of or by reason cf Purchaser's entry upon the Adjacent Pro- perty -for, the uses and purposes intended by this Agreement. Prior to its entry upon the Adjacent Property, Purchaser will produce certificates of liability 'insurance in amounts acceptable to Adjacent Owner and showing Adjacent Owner's interest. 11_ In the interim, and until such time as Purchaser shall substantially commence the. construction of the expansion of the Water Plant (unless this Agreement sball have lapsed as hereinafter provided), Purcbaser shall have the right to draw water from the Water Plant (with- out any expansion thereof) in a capacity sufficient to accommodate, in accordance with existing standards of the City of Vero Beach, a maximum of 125 mobile home units at the Property. For the purposes hereof, Adjacent Owner grants to Purchaser a license over and -across that same strip of land Purchaser would utilize in making its permanent connection to the Water Plant. This license and interim right to draw water as aforesaid shall be subject and subordinate at all times to the rights of Adjacent Owner to terminate the same if, in its sole and unreviewable discretion, it determines that the Water Plant no longer has sufficient excess capacity to service the requirements of Purchaser without Purcha- ser undertaking the expansion of the Water Plant. Purchaser shall pay the entire cost of the installation and detachment of the pipes and conduits used for the purposes hereof, plus the greater of (i) the excess costs for which Adjacent Owner will be charged by reason of the imple- mentation of this interim rigbt to draw water, i.e., municipal hookup charges, increased real estate taxes, increased insurance premiums, increased electricity or (ii) the cost of all gallonage consumed at the highest rates -charged tberefore by the City of Vero Beach for similar purposes. Furthermore, the provisions of paragraphs 9 and 10 above shall similarly apply during this interim period. 12. This Agreement sball be recorded in the official records of Indian River County, Florida as a covenant running' with the land. 13. This Agreement shall be binding upon and inure to the benefit of the parties bereto, and their respective heirs, devisees, personal representatives, successors and assigns. 27 84 -4 .o.R: OOK 56 PAGE 577 4 9 4! kDA 0678 PA 6� 2 4 8 21