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rendered. twrnty (20) days after the monthly collection period. <br />,�"The Grantor agrees to hold the Grantee harmless from any damages <br />�,..or 'suits resulting directly or indirectly as a result of the <br />collection of such fees, pursuant to Sections 6 and 7 hereof and <br />the Grantor shall defend any and all suits filed against the <br />`. Grantee based on the collection of such moneys. <br />S Section S. As further consideration of this <br />franchise, the Grantor agrees not to engage in or permit any <br />person other than the Grantee to engage in the business of <br />distributing and selling water during the life of this franchise <br />or any extension thereof in competition with the Grantee, its <br />+ successors and assigns, with the following exceptions: <br />(1) Any non -potable water system(s) operated by the <br />4 <br />! Grantor or any other operator properly licensed by the Grantor. <br />(2) The Grantee shall have the authority to enter <br />• <br />• <br />•1 <br />into Developer Agreements with the developers of real estate <br />projects and other consumers within the franchise territory, which <br />agreements may include, but not be limited to provisions relating <br />to; <br />a <br />(a) advance payment of contributions in aid of <br />construction to finance system expansion and/or <br />extension, <br />(b) revenue guarantees or other such arrangements <br />as may make the expansion/extension self supporting, <br />(c) capacity reservation fees, <br />(d) prorata allocations of plant expansion/main <br />j <br />extension charges between two or more developers. <br />Developer Agreements entered into by the Grantee shall <br />be fair, just and non-discriminatory. <br />Section 9. That failure on the part of Grantee to <br />comply in any substantial respect with any of the provisions of <br />this Resolution, shall be grounds for a forfeiture of this grant, <br />but no such forfeiture shall take effect, if the reasonableness or <br />C2 <br />O <br />propriety thereof is protested by Grantee, until a court of <br />�p <br />i <br />competent jurisdiction (with right of appeal in either party) <br />CO <br />qi <br />shall have found that Grantee has failed to comply in a <br />Q <br />,E <br />W <br />CD <br />$i. <br />i' <br />-4- <br />• <br />• <br />•1 <br />