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40 •6 to move or relocate any facilities lying oNtside a dedicated casement area, so long as the facilities do not interfere with the then or proposed use of the area in -which the facilities have been installed, and so long as Service Company obtains a private easement for such facility location, which Developer will give if same is within his reasonable -power to doso. The use of easements granted by Developer to Service Company shall preclude the use by other utilities of these easements, such as for cable television, telephone, electric, or gas utilities, or. as otherwise agreed to by Service Company. In the event Developer..fail.s to actually deliver such easement, this document shall serve as,IlService Company's authorization to substitute this AgreemIqrtI as a recorded easement sufficient for Service Company's needs. Service Company hereby agre, s thatl,, ,,all easement grants will be utilized in accordancei.th tho ,established and generally accepted practices of the (sewer V{dustry with respect to the installation of all its facilit gs in any of the easement - areas. However, this It provis#on shall not be constructed so as to require Service Compan ,t® restore those improvements constructed, installed or anted within the utility easement which are not in a ordance with the established and generally accepted pract;jes of the sewer industry with respect to the use of q�tility,e sements. 13.. Agreement to Serve Uponl the completion of construction of the on-site and off -o c��• Systems required hereunder by Developer, its inspection, to 'issuance of the final letter of acceptance by Serv'ce Co ppy, and when all appropriate governmental agency app ovals' ve been received, and when utility systems are in comply nce with Servicq Company's Uniform Sewer Service Policy, and.1the other terms of this Agreement, Service Company covenants ;iI4� agrees that ire wi�l connect or oversee the connection of t�� Systems installed by Developer to the central facilities of',SeKvice Company in acccadance with the terms and intend of is Agreement. Such connection shall at all times be n acco dance with rules, regulations and orders of the appl� ble governmental authorities. Service Company agrees that' --once it provide service to the Property and Developer or a.,ers have connected consumer installations to its syste , •tha':thereafter Service Company will continuously provide, a its c� t and expense, buy in accordance with the other prow sions f this Agreement„ including rule's and regulations and ate s ledules, Service to the Property in a manner to conforri�r with -all requirements oA the applicable governmental authority havi jurisdiction over' the operations of Service Company. 11 In order to avoid over building of excess capacity and non -used and useful sewage collection tre ment and disposal facilities, the Developer agrees thaq•Servi l Company need not have built capacity to fully serve the t tal needs of all developments it has contracted toy' serve i? Service Company agrees, however, that when the vola a of and disposal facilities reaches 70th :sewage treatment p capacity, and provided that Developep. has g ,ven ServiceeCompany proper notice to proceed, indicat'ng its intent to expand development of its property, it rill betgn and diligently, pursue engineering and permitting aptions t expand its plant and equipment in order to acco odate: evelo er's needs. Service Company further agrees that wrhen suc�� volume reaches 00 additional percent Of capacity, it will begin cord truction of such plant and equipment and lcomplete� such construction prior to reachin0 g 10 Company percent of capacity. Failure of Service to meet the provisions of: this paragraph shall be deemed cause for Developer to seek' appe priate remedies in Circuit Court to require compliance wth sai� provisions. al �! 10