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I; s <br />life <br />- or Power hereunder at any one time or times be deemed a waiver or relinquishment <br />of such right or power at any other time or times. <br />31. Because of inducements offered by Developer to Service Company, <br />Service Company has agreed to provide sewer and irrigaton service to Developer's <br />Project. Developer understands aryl agrees that capacity reserved hereunder ?,- <br />cannot and shall not be assigned by Developer to Third Parties without the <br />written consent of Service Canpany, except in the case of a bona_fide sale of <br />Developer's Property. Such approval shall not be unreasonably withheld. <br />Moreover, Developer agrees that this contract is a superior instrument to any <br />other documents, representations, and promises trade by and between Developer and <br />Third Parties, both public and private, as regards the provisions of sewer and <br />irrigation utility service to Developer's property. 'The charges to be paid <br />bDeveloper hereunder are in addition to the charges, as reference above, imposed <br />upon Service Company by the Board of County Caamissioners or Indian River County <br />pursuant- to Indian River County Resolution No. 03-24, as may be amended from <br />time to time. By these presents, Developer hereby agreesby <br />to abide the terms <br />and conditions of Indian River Count Resolution No. 83-24, as aforesaid, and to <br />reimburse all of Service Company's actual Payments made to Indian River County <br />as contributions-in-aid-of-oonstruction, inspection charges, franchise fees, or <br />other charges if made on behalx of Developer. by Service Company to Indian River <br />County. <br />32. Ube assignation, sale or transfer of this Agreement and ail of <br />the --ights and privileges pertaining thereto, shall be subject to the approval, <br />in writing, of any such assignment by Service Company. Service C nipany shall <br />have the right to renegotiate this Agreement, in whole or in part, with any such <br />assignee. <br />33. It is agreed by and between the Parties hereto that all words, <br />other, and that a provision contained under one heading may be considereterms and conditions contained herein are to be read in concert, each wid to be the <br />©qually applicable under another in the interpretation of this Agreement. <br />.74. Service Ccapany shall, as aforesaid, at all reasonable times and <br />hours, have the right of inspection of Developer's internal lines and <br />racilities. This provision shall be binding on the successors and assigns of <br />the Developer. <br />JS. Service Company, at its discretion shall review and approve all <br />water conservation measures approved by Developer. <br />JG- The parties hereto recognize that prior to the time Service <br />Company [my actually ocmnence upon a program to carry out the terms and <br />conditions of this Agreement, Service Canpany may be required to obtain approval <br />from various state and local goverturentai authorities having jurisdiction and <br />regulatory power over the construction, maintenance and operation of Service <br />CCQ1Pany' The Seco Company agrees that it will diligently aryl earnestly, at <br />Developer's sole cost and expense, make the necessary Proper applications to all <br />governmental authorities and will pursue the same to the end that it will use <br />its best ettorts to obtain such approval. Developer at its sole cost and <br />-14- <br />