|
or located thereon, shall not have ' arly right, title, claim or
<br />interest in and to such facilities or any part of them, for any i,-
<br />4M purpose, including the furnishing: of sewer or irrigation
<br />services to other persons or entities located within or beyond
<br />the limits of the Property.
<br />• 16. Exclusive Right to Provide Service - Developer,
<br />as a further and essential consideration of this Agreement,
<br />agrees that Developer, or the successors and assigns of
<br />Developer, shall not (the words "shall not" being used in a
<br />mandatory definition) engage in— the business or businesses of
<br />providing sewer services to the Property ,.spring the period of
<br />time Service Company, its successors ane assigns, provide
<br />services to the Property, it being the intention of the parties
<br />hereto that under the foregoing provipion and also the
<br />provisions of this Agreement, Service Company shall have the
<br />sole and exclusive right and privilege•l•to provide sewer
<br />services to the Property and tp the,,1;occupants of such
<br />residence,, building or unit constructed the on.
<br />17. Rates - Service Company agii es that the rates
<br />to be charged tote Developer and indi idual g nsumers of services
<br />shall be those set forth in the Ptariff77,�� pf Service Company
<br />approved by the applicable governmenta'I+ agency. however,
<br />notwithstanding any provision in! this ..
<br />its successors and assign's, Agreement, Service
<br />Company, may;Jp,stablish, amend or
<br />revise, from time to time in the f'� ture, ;,qnd enforce rates or
<br />rate schedules so established and ;,enforeg•d and shall at all
<br />times be reasonable and subject to ;I,f egulations by the
<br />applicable governmental agency, or ',as may1;10e provided by law.
<br />Rates charged to Developer or cpnsumerss,�� located upon the
<br />Property shall at all times be identical `o rates charged for
<br />the same classification of service,l,as are�loc may be in effect
<br />throughout the service area of Service Company.
<br />Notwithstanding any provision i' this Agreement,
<br />s:rvice Company may establish, amend or K vise, from time to
<br />time, in the future, and enforce rues andlfegulations covering
<br />sewer services to the Property. however,',Iall such rules and
<br />regulations so established by Service Company shall at all
<br />times be reasonable and subject to' such regulations 'as may be
<br />provided by law or contract.
<br />Any'--such initial or future increased rates, rate
<br />schedules and rules and regulations este lished, amended or
<br />revised and enforced by service Company om time to time in
<br />the future, as provided by lbe binding upon
<br />Developer; upon any person or othe entit,yyI holding by, through
<br />or under Developer; and upon an usec;i�',r consumer of the
<br />services provided to the Property by�Servicl� Company.
<br />18. Bindin Effect of reemc.0 - This Agreement
<br />shall be binding upon and shall., inurd- 'to the benefit of
<br />Developer, Service Company -and their res!�ective assigns and
<br />successors by merger, consolidation,, conveyance or otherwise,
<br />subject to the terms and conditions of•, this Agreement as
<br />contained herein. Developer understand$'• and agrees that
<br />capacity reserved hereunder cannot and shalnot be assigned by
<br />•
<br />Developer to third parties without the :•written consent of
<br />Service Company, except in the case of a bona fide sale of
<br />Developer's property, or other valid transfer or assignment of
<br />property, including, without lim'itatiori,' the transfer or
<br />assignment of the property as a resy-lt of a judicial
<br />proceeding, such as mortgage foreclosure or sale, and
<br />assignment for the purposes of o�taininglfinancing. ' In any
<br />such case, the Developer shall provide a {notice or evidence of
<br />such assignment, or partial assignment as:11the case may be, to
<br />ti
<br />Service Company, anService Compalny shay have the right to
<br />I �
<br />F fill
<br />
|