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40 <br />of <br />10. Service-.,ampany's Exclusive Right To Utility Facilities. <br />Developer agrees with Service kompany that all facilities accepted by Service <br />%-crnpany in connection with providing sewer and irrigation servicers to the <br />Property shall at all times remain in the sole, complete and exclusive ownership <br />of Service kanpany, its successors and assigns, and any person or entity owning <br />any part of the Property or any residence, building or unit constructed or ?' <br />located thereon, shall not have any right•, title, claim or interest in and to <br />such facilities or any part of then, for any purpose, including the furnishing <br />Of such services to other persons or entities located within or beyond the <br />limits of the Property. . <br />11. EKclusive Might 7b Provide Service. Developer, as a further and <br />essential. oonsideration.of this Agreement, agrees that Developer, or the <br />successors and assigns of Developer, shall not (the wards "shall not" being used <br />in a mandatory definition) engage in the business or businesses of providing <br />sewer services to the Property during the period of time Service "U piny, its <br />successors or assigns, provide such service to the Property, it being the <br />intention of the parties hereto that under the foregoing provision and also <br />other provisions of this Agreement, Service -. aany shall have the sole and <br />exclusive right and privilege to provide sewer services to the Property and to <br />the occupants of such residence, building or unit constructed thereon. <br />12. states. Service kanpany agrees that the rates to be charged to <br />Developer and individual consumers of sewer and irrigation services shall be <br />those set forth in the tariff of Service vanprany approved by the applicable <br />governmental, agency. However, notwithstanding any provisions in this Agreement, <br />Service any, its successors and assigns, may establish, amend or revise, <br />from time to time in the future, and enforce rates or rate schedules so <br />established and enforced and shall at all ties be reasonable and subject to <br />regulations by the applicable governmental agency, or as may be provided by law <br />or ordinance of Indian sliver kx=ty. Rates charged to Developer or consumers <br />located upon the Property shall at all times be indentical to rates charged for <br />the same classificaton of service, as are or may be in effect throughout the <br />service area of Service %.crtpany. <br />Rbtwithstanding any provision in this Agreement, Service e.envany may <br />establish, amend or revise, from time to time, in the future and enforce rules <br />and regulations covering sewer and irrigaton services to the Property. Ilmiever, <br />all such rules and regulations so established by Service tanpany shall at all <br />times be reasonable and subject to such regulations as may be provided by law or <br />contract. <br />Any such initial or future lower or increased rates, rate schedules, <br />and rules and regulations established, amended or revised and en-oroed by <br />Service ucmpany from time to time in the future, as provided by law, shall be <br />binding upon Developer; upon any person or other entity holding by, through or <br />under Developer; and upon any user or consumer of the sewer and irrig3ton <br />service provided to the Property by Service kompany. <br />-10- <br />